fR,3 



— 

H llBiilliiii 

MMJliiii 

H H H 

| IhHBBi1 

Hi 

■■■■ 



■I 

mm 



■Hi 




LIBRARY OF CONGRESS, 



%qt ©wW 1°- 



Shelf_JL&_4 ^ 






UNITED STATES OF AMERICA. 



THE 



Game Laws 



OF THE 



State of New York, 



Revised to July, 1887. 



PUBLISHED UNDER THE AUSPICES OF 



The Eastern New York Fish and Game Pro- 
tective Association of Albany, N. Y. 




COMPILED FOR THE ASSOCIATION BY 

E. W. RANKIN, 

» I 
COUNSELOR- AT-LAW. 




PUBLISHED BY 

W. W. BY1NGTON, Sec'y of the Association, 
Albany, N. Y. 



-ft 3 



COPYRIGHTED BY W. W. BYINGTON, 

Albany, N. Y., 1887. 



Brandow & Speed, Printers, 
Albany, N. Y. 



OFFICERS AND MEMBERS 



THE EASTERN NEW YORK 



FISH AND GAME PROTECTIVE ASSOCIATION. 

INCORPORATED JANUARY 14, 1886. 



OFFICERS: 

President, 

Dr. SAMUEL B. WARD, Albany, N. Y. 

First Vice-President, 

A. N. CHENEY, Glens Falls, N. Y. 

Second Vice President, 

Gen. JOHN F. RATHBONE, Albany, N. Y. 

Secretary, 

W. W. BYINGTON, Albany, N. Y. 

Treasurer, 

J. H. QUINBY, Albany, N. Y. 

Counsel, 

F. M. DANAHER, Albany, N. Y. 



EXECUTIVE COMMITTEE : 



W. W. Hill, Albany, N. Y. 

James H. Manning, " 



Rob't Lenox Banks, Albany, N. Y. 

James Ten Eyck, " 



MEMBERS OF THE EASTERN NEW YORK FISH AND 
GAME PROTECTIVE ASSOCIATION. 



C. E. Argersinger, Albany, N. Y. 

B. F. Bacheller, 

Lewis Balch, 

Dayton Ball, 

Robert Lenox Banks, 

Rob't Lenox Banks, Jr. 

Willard Bellows, 

Herman Bendell, 

A. V. Benson, 



W. F. Beutler, 
R. C. Blackall, 
W. Howard Brown, 
A. C. Burt, 
Charles S. Byington 
W. W. Byington, 
John Clarke, 
George C. Cook, 
Thomas C. Cooper, 



Albany, N. Y- 



Members of the Eastern New York Fish 



Erastus Corning, Albany, N. Y. 

Erastus Corning, Jr. , " 

Charles G. Craft, 

H. C. Cushman, 

F. M. Danaher, " 

N. J. Dell, 

William Dey Ermand, " 

Stephen Fairchild, " 

John H. Farrell, 

John F. Fraser, " 

Henry Fuss, " 

Charles C. Gay, 

Robert W. Gibson, 

F. E. Griswold, 

James H. Gross, " 

Edward F. Hackett, 

William Hailes, Jr., " 

E. R. Hartt, 

William Headlam, Jr., " 

W. W. Hill, 

Jasper K. Hotaling, " 

Lansing Hotaling, " 

W. H. Johnson, " 

Charles E. Jones, " 

William H. Keeler, 

George Lansing, " 

Ralph P. Lathrop, 

James Lawrence, " 

J. M. Lawson, " 

James Lyons, 

James H. Manning, " 

Archibald McClure, " 

Henry Mayell, " 

George R. Meneely, " 

William Menk, " 

August Miggael, " 

Peyton F. Miller, " 

John G. Myers, " 

John C. Nott, 

Dudley Olcott, 

W. G. Paddock, 

A. P. Palmer, " 

E. DeL. Palmer, 

Amasa J. Parker, Jr., " 

H. Patterson, " 

John H. Quinby, " 

John F. Rathbone, " 

Fred W. Ridgeway, " 

W. H. Roberson, " 



George W. Robinson, Albany, N.Y 

William C. Rose, 

S. W. Rosendale, " 

Herman H. Russ, " 

Henry Russell, " 

D. Ryan, 

Ira B. Sampson, " 

Louis Sautter, " 

Michael Schrodt, 

John E. Sherwood, " 

H. E. Sickels, 

Henry W. Silsby, 

Henry L. Smith, 

A. P. Stevens, 

M. W. Stickney, 

Edwy L. Taylor, 

Joseph E. Taylor, " 

James Ten Eyck, " 

Lemon Tbompson, " 

George H. Treadwell, " 

A. Van Allen, " 

John H. Van Antwerp, ■' 

Henry Van Hoesen, " 

J. L. Van Valkenburgh, " 

M. E. Viele, 

R. A. Wallace, 

William A. Wallace, " 

Samuel B. Ward, '< 

William J. Weaver, " 

C.P.Williams, 

William R. Winchell, 

H. L. Whitbeck, 

Frank P. Wright, 

George W. Yerks, " 

V. H. Youngman, •' 

L. A. Howell, Averill Park, N. Y. 

Hezekiah S. Eckler, Catskill, N, Y. 

Stephen T. Hopkins, " 

William Kortz, 

Eugene A. Smith, " 

G. E. yincent, " 

C. R. Hitchcock, Coeymans, N. Y. 

Henry A. Strong, Cohoes, N. Y. 

F. Mather, Cold Sp'g Harbor, N.Y. 

Gersh Banker, Fonda, N. Y. 

A. N. Cheney, Glens Falls, N. Y. 

Win. D. Cleveland, Houston, Texas. 

Hiram E. Freelan, Hartwick, N. Y. 

Robert E. Geowey, " 



and Game Protective Association. 



Wm. C. Harrington, Hartwick,N.Y. 

Fred R.Wood, 

Watts T. Loomis. Little Falls, N.Y. 

H. A. Skinner, " 

George W. Witbeck, Nassau, N. Y. 

Wm. G. Cassard. New York citj. 

Edmund P. Mastin, 

Edwai-d B. Mead, 

C. H. Wilson, Salem, N. Y. 



L. B. Pike, Saratoga Springs, N.Y. 

A. A. Smith, St. Regis Lake, N.Y. 

John B. Hull, Schenectady, N. Y. 

D. P. McQueen, 

Everett Smith, 

Matthew Taylor, 

George Weller, 

M. DeForest Yates, 

James Shanahan, Tribes'Hill, N. Y 



OFFICERS 

OF 

THE ANGLERS' ASSOCIATION 

Of the St. Lawrence River. 



Incorporated February £7, 188 J^. 



OFFICERS: 

President, 

JOHN J. FLANAGAN, Utica, N. Y. 

Vice President, 

GARDNER M. SKINNER, Clayton, N. Y. 

Secretary, 

ANDREW C. CORNWALL, Alexandria Bay, N. Y. 

Treasurer, 

R. P. GRANT, Clayton, N. Y. 



EXECUTIVE COMMITTEE. 



W. W. Byington, Ch'm'n, Albany. 
W. B. Hayden, Columbus, O. 

R. H. Soutbgate, Alexandria Bay. 
George S. Hasbrouck, New York. 
Charles Walton, Alexandria Bay. 
W. P. Hawes, Clayton. 

M. B. Hill, Clayton. 

John H. Quinby, Albany. 

George Hall, Ogdensburg. 



William J. Cassard, 

James Eaton, 

James C. Greenman 

H. E. Morse, 

James T. Story, 

W. H. Thompson, Alexandria Bay 

H. H. Warner, Rochester 

Hon. Irving G. Vann, Syracuse 

Dr. George Whedon, Syracuse 



New York. 

Utica. 

Utica. 

Clayton. 

Albany. 



HONORARY MEMBERS. 



Hon.GroverCleveland,Washingt'n. 
Hon. David B. Hill, Albany, N. Y. 
A. N. Cheney, Glens Falls. N. Y. 
Dr. J. A. Henshall, Cynthiana,N.Y. 



Hon. H. E. Morse, Clayton, N. Y. 
Frank P. Taylor, New York city. 
Hon. A. W. McLean, Ottawa, Ont. 
Hon. John Tilton, Ottawa, Ont. 



Lake George Association 



FOR THE 



Protection of Fish and Game. 



OFFICERS : 

President, 
ROBERT LENOX BANKS, Albany, N. Y. 

First Vice-President, 
E. B. WARREN, Philadelphia, Pa. 

Second Vice-President, 
T. E. ROESSLE, Washington, D. C. 

Secretary, 
D. STEWART DENISON, Lake George, N. Y. 

Treasurer, 
GALAWAY C. MORRIS, Philadelphia, Pa. 



EXECUTIVE COMMITTEE : 

H. H. HAYDEN, Chairman, Lake George, N. Y 
W. B. BEMENT, Philadelphia, Pa. 
MYRON BROWN, Bolton, Lake George, N. Y 
LeGRAND C. CRAMER, Troy, N. Y. 
LEANDER HARRIS, Lake George, N. Y. 



THE 

Fish and Game Association 



OF 



Southern Jefferson Co, 



OFFICERS: 

President, 
Dr. E. L. SARGENT, Watertown, N. Y. 

, First Vice-President, 

Hon. ISAAC L. HUNT, Jr., Adams, N. Y. 

Second Vice-President, 
Hon. THEODORE CANFIELD, Sackets Harbor, N. Y. 

Secretary and Treasurer, 
J. R. PAWLING, Watertown, N. Y. 



EXECUTIVE COMMITTEE: 

E. Tyler, Chairman, ... Henderson, N. Y. 

A. D. Ripley, - - - - Adams, N. Y. 

James Dolan, . - . Watertown, N. Y. 

Harrison Fuller, - - - Adams Centre, N. Y. 

Dr. Buell, - Henderson, N. Y. 



ADVISORY COUNSEL: 

L. E. Pruyne, Adams, N. Y. 

Elon R. Brown, Watertown, N. Y. 



Commissioners of Fisheries. 



ROB'T B. ROOSEVELT, . . . New York City. 

WM. H. BOWMAN, .... Rochester, N. Y. 

RICHARD W. SHERMAN, .. . . New Hartford, N. Y. 

EUGENE G. BLACKFORD, (Fulton Market, N. Y. City) Brooklyn, N. Y 



THE FOLLOWING ARE THE 

State Fish and Game Protectors 



R. U. SHERMAN, Sec. Com. of Fish., New Hartford, Oneida Co., N. Y. 
FRED. P. DREW, - Washington Mills, Oneida Co., N. Y. 

J. N. BRINKERHOFF, - - Booneville, Oneida Co., N. Y. 

NATHAN C. PHELPS, - - Remsen, Oneida Co., N. Y. 

WM. H. LINDLEY, - - Canastota, Madison Co., N. Y. 

THOS. BRADLEY, - - - Rockwood, Fulton Co., N. Y. 

GEO. M. SCHWARTZ, - - Rochester, Monroe Co., N. Y. 

GEO. M. WHITAKER, - Southampton, Suffolk Co., N. Y. 

JOHN LIBERTY, - - Elizabethtown, Essex Co., N. Y. 

STEPHEN A. ROBERTS, - - Buffalo, Erie Co., N. Y. 

JOSEPH H. GOODWIN, Jr., King's Bridge, Westchester Co., N. Y. 
PETER R. LEONARD, - Ogdensburg, St. Lawrence Co., N. Y. 
SEYMOUR C. ARMSTRONG, - Weavertown, Warren Co., N. Y. 
FRANCISCO WOOD, - Schoharie, Schoharie Co., N. Y. 

MATTHEW KENNEDY, - - Hudson, Columbia Co., N. Y. 

WM. N. STEELE, - - Clayton, Jefferson Co., N. Y. 

JOHN SHERTDAN, - - Penn Yan, Yates Co., N. Y. 



PREFACE. 



The following pages contain a compilation of the Game 
and Fish Laws of New York State, revised, to include the 
legislation of 1SS7. As far as possible the new law has been 
incorporated in the old, so that the general act may now be 
read as it at present exists. Certain general provisions 
affecting the whole State follow. Two sections of the act 
of 1885, creating the forest preserve, are introduced to 
explain the references thereto in the law as amended. 

A general synopsis of the law as to particular game and 
fish is prefixed to the laws. In this, where there are con- 
flicting or obscure provisions, a reasonable construction is 
sought in harmony with the general spirit of the law. 

An attempt has been made to make the index complete, 
so that any particular locality, or species of fish or game 
and the legislation affecting it may be easily found. In 
this index the penalties are not specially noted, except the 
general provisions relating thereto. The appropriate pen- 
alty follows as a rule the particular act prohibited. 

EDWARD W. RANKIN. 

Albany, July 30th, 1887. 



GENERAL SYNOPSIS. 



GAME. 

DEER: 

May be hunted, killed and taken alive from August 
15th to November 1st only. 

Three only shall be killed or taken alive during such 
time by any one person. 

May be hunted with dogs from Sept. 1st to Oct. 5th, 
but not in St. Lawrence and Delaware counties. 

Shall not be trapped, killed with spring gun or other 
device. 

Deer shall not be hunted or killed in Queens or Suf- 
folk counties for five years from April 24th, 1886. 

Shall not be sold, except from August 15th to Nov. 1st. 

Fresh venison lawfully killed and transported may 
also be sold from November 15th to December 15th. 

May be had in possession from August 15th to Nov. 
15th only, and also fresh venison lawfully killed 
and transported from November 15th to December 
15th. 

Shall be transported from August 15th to November 
15th only, and not more than one, transported for 
and accompanied by the owner. 

May not be hunted by crusting or yarding. 

Fawns shall not be killed. The skin or carcass of a 
fawn shall not be possessed or sold. 
MOOSE : 

May not be taken, chased with dogs or killed within 
the State, or when so taken or killed shall not be 
sold or had in possession. 
HAEES AND EABBITS : 

Killing, possessing or exposing for sale after being 
killed prohibited, from February 1st to Novem- 
ber 1st. 

Shall not be hunted with ferrets, except in orchards 
or nurseries by owners or occupants and in adjoin- 
ing fields and forests. 
BLACK AND GREY SQUIRRELS : 

Shall" not be killed, exposed for sale or possessed 
between February 1st and August 1st. 



General Synopsis. 13 

WOLVES : 

State Bounty, §30 for grown wolf, $15 for a pup. 

PANTHERS : 

State Bounty, §20. 



BIRDS. 



(See chapter 427, Laws of 1886, as to song and small 
birds.) 
WILD DUCK : 

Shall not be killed, exposed for sale or had in posses- 
sion between May 1st and September 1st. 

Shall not be killed in the waters of Long Island 
between May 1st and October 1st. Shall not be 
hunted in Chautauqua county between February 
1st and September 1st. 

Shall not be killed between sunset and daylight, or 
pursued or fired at with the aid of any light or 
lantern, nor with any gun except such as are 
habitually raised at arms length and fired from 
the shoulder. 

Nets and other devices shall not be used to capture 
or kill them. 

Floating batteries, machines or other devices whereby 
the gunner is concealed, decoys, and bow-houses 
at a greater distance than twenty rods from the 
shore for shooting at or killing the same prohibited, 
except in waters of Great South Bay west of 
Smith's Point, Peconic or Shinnecock Bay, Lake 
Ontario, St. Lawrence and Hudson River below 
Albany. 

It is forbidden to sail for or shoot at from vessels 
propelled by sail or steam, except in Long Island 
Sound, Gardiner's and Peconic Bays, Lake Ontario, 
and the Hudson River below Iona Island. 
WILD GOOSE : 

(See Wild Duck.) 
BRANT : 

(See Wild Duck.) 
WILD FOWL : 

Floating batteries, machines and other devices 
whereby the gunner is concealed, and sailing for 
prohibited, except in localities enumerated above 
under the head of Wild Duck. 



14 General Synopsis. 

QUAIL : 

Shall not be killed, exposed for sale or possessed 
between January 1st and November 1st. If law- 
fully kitted and transported, may be sold or had in 
possession between January 1st and February 1st, 
also. 

Shall not be taken or killed by nets, traps or snares, 
and so taken shall not be had in possession or sold. 

Nets, traps and snares shall not be set, and may be 
taken and destroyed whenever found set. 

Shall not be killed in Niagara county for three years 
from May 17th, 1886. 

On Eobin's Island, Suffolk county, may be killed 
from October 15th to February 1st. 

WOODCOCK : 

Shall not be killed, exposed for sale or had in posses- 
sion between January 1st and August 1st. 

In Oneida and Delaware counties between January 
1st and September 1st. 

Provisions as to nets same as Quail. 

Shall not be taken out of Chautauqua or Cattaraugus 
counties for sale or trade. 

PARTRIDGE : 

Shall not be killed, exposed for sale or had in posses- 
sion between January 1st and September 1st. 

Shall not be killed in Niagara county for three years 
from May 17th, 1886. 

Shall not be killed or had in possession in Queens 
and Suffolk counties from January 1st to Novem- 
ber 1st. 

Provisions as to nets same as Quail. 

Shall not be taken out of Chautauqua or Cattaraugus 
counties for trade or sale. 

PEAIRIE CHICKEN : 

Shall not be killed, exposed for sale or had in posses- 
sion between January 1st and September 1st. 
Provisions as to nets same as Quail. 

PINNATED GROUSE : 

(Same as Prairie Chicken. ) 

RUFFED GROUSE : 

(Same as Partridge.) 

CANADA PARTRIDGE : 

Provisions as to nets same as Quail. 



General Synopsis. 15 

SPEUCE GEOUSE : 

Provisions as to nets same as Quail. 

TEEL, COOT, DIPPEE AND GEEEBE : 

Shall not be hunted in Chautauqua county between 
February 1st and September 1st. 

PLOVEE : 

Shall not be killed or had in possession in Queens and 
Suffolk counties from January 1st to July 10th. 

Shall not be taken out of Chautauqua or Cattaraugus 
counties for sale or trade. 

SNIPE : 

Shall not be taken out of Chautauqua or Cattaraugus 

counties for sale or trade. 
(See Bay Snipe.) 

BAY SNIPE, SAND PIPEE AND SHOEE BIEDS : 

Shall not be killed or had in possession in Queens and 
Suffolk counties from January 1st to July 10th. 

EAIL BIEDS AND MEADOW HENS : 

Shall not be killed or had in possession in Queens and 
Suffolk counties from January 1st to September 1st. 

SONG BIEDS, SMALL BIEDS, WILD BIEDS : 

Shall not be killed or wounded at any time or in any 
manner, crows, hen hawks, owls and black birds 
excepted. 

EOBINS AND BLACK BIEDS : 

May be shot on Long Island and Staten Island from 
November 1st to January 1st. 

ENGLISH SPAEEOWS : 

Are not protected. Giving food or shelter to the 
same is a misdemeanor. 



FISH. 

SPECKLED TEOUT : 

Shall not be caught, killed, exposed for sale or had in 
possession, except from April 1st to September 1st. 

In Steuben County, except from May 1st to August 1st. 

In the Forest Preserve except from May 1st to Sep- 
tember 15th. 

Shall not be caught for stocking, except from Lake 
Ontario. 



16 General Synopsis. 

Molesting on natural spawning beds during spawn- 
ing season prohibited, except in Lake Ontario. 

State and private hatcheries have special privileges. 

Killing or catching except by hook and line prohib- 
ited, except in Lake Ontario, Niagara Eiver and 
waters wholly private. 

Set or draw nets or seines, set lines and set poles 
and other devices in any waters inhabited by, pro- 
hibited, except in Lake Ontario. 

Fishing for^ through the ice prohibited, except in 
Lake Ontario, Niagara Eiver and private waters. 

Shall not be killed, exposed for sale or intentionally 
caught less than six inches in length. 

Transportation of trout caught or killed in the For- 
est Preserve, prohibited, except from May 1st to 
September 1st, for the owner, accompanied by the 
owner. 

Nets, seines, etc. , contraband and may be destroyed. 

BROOK TROUT ; 

(See speckled trout.) 
BROWN TROUT : 

(See speckled trout.) 

CALIFORNIA TROUT : 

(Same as speckled trout ; but see sec. 7, of chapter 
531, Laws of 1S80, prohibiting taking same between 
May 15th and September 1st.) 

SALMON TROUT : 

(Same as speckled trout, except that they may be 
caught in the Forest Preserve and in Lake George 
from May 1st to October 1st, elsewhere from April 
1st to October 1st, and may be transported from 
the Forest Preserve from May 1st to October 1st, 
for, and accompanied by the owner.) 

LAND-LOCKED SALMON : 

(See salmon trout.) 
LAKE TROUT : 

(See salmon trout.) 
BLACK BASS : 

May be caught in Columbia county, in Lake Mahopac, 
Schroon Lake or River, Paradox Lake,, Friends' 
Lake, Skaneateles Lake, Lake Erie, and Niagara 
River above Niagara Falls, on American side 
between July 1st and January 1st. 

In Lake George and Brant Lake between August 1st 
and January 1st. 



General Synopsis. 17 

In Oneida Lake between June 1st and March 1st. 

In the St. Lawrence, Clyde, Seneca and Oswego 
Rivers, Lake Ontario, Lake Conesus, and in Black 
Lake (St. Lawrence county), between May 20th 
and January 1st. 

In Lake Champlain, between June 15th and Jan- 
uary 1st. 

In any other waters of the State, between May 30th 
and January 1st. 

Shall not be caught, sold or had in possession less 
than one-half pound in weight or eight inches in 
length. 

Shall not be sold or had in possession, save from May 
20th to January 1st, but in Erie county, between 
July 1st and January 1st only, and on Lake Cham- 
plain between June 15th and January 1st only. 

Nets, etc. , prohibited in waters inhabited by bass, 
except by permission of the Commissioners of 
Fisheries. 

MUSCALONGE : 

May be caught in the St. Lawrence, Clyde, Seneca, 
and Oswego Eivers, Lake Ontario, Lake Conesus 
and in Black Lake (St. Lawrence county), from 
May 20th to January 1st. 

In Oneida Lake, from May 30th to March 1st. 

In Lake Erie and Niagara River above Niagara Falls 
on the American side, from July 1st to January 
1st. 

In Lake Champlain, from June 15th to January 1st. 

In other waters of the State, between May 30 and 
January 1st. 

Must not be sold or had in possession on Lake Cham- 
plain, except between June 15th and January 1st. 

In Erie county, except from July 1st to January 1st, 
elsewhere except from May 20, to January 1st. 

OSWEGO BASS : 

May be caught in Oneida Lake, between May 30th 
and March 1st. 

In Lake Erie and Niagara River above Niagara Falls 
on the American side, between July 1st and Jan- 
uary 1st. 

In Lake Champlain, between June 15th and Jan- 
uary 1st. 

In all other waters of the State, between May 30th 
and January 1st. 
2 



18 General Synopsis. 

Shall not be sold or had in possession in the county 
of Erie, except between July 1st and January 1st. 

On Lake Champlain, except between June 15th and 
January 1st. 

Elsewhere, except between May 20th and Jan. 1st. 

PIKE PEECH : 

(See Oswego bass.) 

FEESH WATEE STEIPED BASS : 

Shall not be sold or had in possession, except from 
May 20th to January 1st. 

Shall not be caught, killed or exposed for sale weigh- 
ing less than one-half pound and less than eight 
inches long. 

SALT WATEE STEIPED BASS : 

No protection, except as to size, which is the same 
as black bass. 

BULL HEADS : 

Must not be caught in Lake George, between April 
1st and July 1st. 

PICKEEEL : 

Must not be caught in Lake George, between Febru- 
ary 15th and July 1st, and in Lake Champlain 
from January 1st to June 15. 

PIKE: 

Must not be caught in Lake Champlain, except from 
June 15th to January 1st. 

SALMON : 

Shall not be caught except with line or rod held in 

hand. 
Shall not be caught except from March 1st to Au- 
gust 15th. 

SHAD: 

Shall not be caught in the Hudson Eiver except from 
March 15th to June 15th. 



THE GAME LAWS 

OF THE 
STATE OIE 1 IINTIE-W TOEK. 



The General Law, as Amended to Date. 



Chap. 534 of the Laws of 1879. 

AN ACT for the preservation of Moose, Wild Deer, Birds, 
Fish and other Game. 

Passed June 20, 1879. 

Section 1. No person shall hunt, kill, chase or take alive wad deer, sea- 
any wild deer in any part of the State save only from the 501 
fifteenth day of August to the first day of November in 
any year, nor shall any one person during such time, kill or 
take alive more than three deer. No person, corporation, Transporta- 
association or company shall transport or have in his or its tl0n of ' 
possession in this State, after the same has been killed, any 
wild deer or venison, save only from the fifteenth day of 
August to the fifteenth day of November in each year. No 
person, corporation, association or company shall sell, or Sa ie or posses- 
expose for sale after the same has been killed, any wild deer sion of - 
or venison, save only from the fifteenth day of August to 
the first day of November in each year. No person shall at 
any time, in this State, kill any fawn or have in possession Fawn. 
the carcass or skin of any such fawn after the same shall 
have been killed. No person shall, in any part of this State, 
set any trap, spring gun or other device at any artificial Traps, ' 
salt lick or other place for the purpose of trapping or killing spring-guns, 
wild deer. It shall not be lawful to hunt or pursue deer 
with dogs in any county of this State, except from the first 
day of September to the fifth day of October in each year. 
It shall not be lawful to pursue deer with dogs in the coun- 
ties of St. Lawrence and Delaware at anytime. It shall be Hounding. 
lawful for any person to shoot or kill any dog while in actual 
pursuit of any deer in violation of the provisions of this act. 
It shall not be lawful for any person to kill or cause to be 
killed any wild deer in the counties of Suffolk and Queens in Queens and 
at any time within five years from the passage of this act. Suffolk - 
No person, common carrier, corporation, association or 



20 



The Game Laws of the 



Transporta- 
tion of. 



Penalty. 



Moose. 



Penalty. 



Crusting or 
yarding pro- 
hibited. 



company shall at any time carry or transport in this State, 
or have in possession for the purpose of transportation, any 
wild deer, or venison, taken, caught, killed or captured in 
the counties of this State, or in either of them, except the 
counties of Queens and Suffolk, and any person, common 
carrier, corporation, association or company which has in 
his or its possession any such wild deer or venison, taken, 
caught, killed or captured in any of the said counties of this 
State as aforesaid, or in either of them, except the counties 
of Queens and Suffolk, shall be deemed to have them in pos- 
session in violation of this act, except, however, that they 
may transport or have in possession for the purposes of 
transportation, from the fifteenth day of August to the 
fifteenth day of November, not more than one carcass of 
wild deer or venison, taken, caught, killed or captured in 
said counties as aforesaid, or in either of them, for each 
owner of said carcass as aforesaid, provided that such car- 
cass be accompanied by the owner. This section shall not 
apply to the head or feet of wild deer when severed from 
the carcass. Any person offending against any of the pre- 
ceding provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a 
penalty of one hundred dollars for each wild deer or fawn 
so killed, hunted, pursued or trapped, or for each carcass or 
part thereof transported or had in possession for transpor- 
tation in violation of this act, and for every spring-gun so 
set, or wild deer or fawn skin or venison had in possession, 
and may be proceeded against therefor in any county of this 
State in which the offense was committed or in which the 
offender or prosecutor may reside, or have an office for the 
transaction of business. (As amended by chap. 194, Laws 
1886.) 

§ 2. No person shall at any time or place within this 
State, take, chase with dogs, or kill any moose, nor shall 
any person sell or expose for sale or have in his or her 
possession, any moose after the same has been so taken or 
killed. Any person violating this section shall be deemed 
guilty of a misdemeanor, and in addition thereto shall be 
liable to a penalty of fifty dollars for each offense. 

§ 3. No person shall hunt, kill or take alive any wild deer 
by the process or mode commonly known as crusting, or 
enter any place where wild deer are yarded with intent to 
kill, take alive or destroy the same at any time. Any per- 
son offending against any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty of one hundred dollars for 



State of New York. 21 

each wild deer so hunted, killed, taken alive or destroyed. 
(As amended by chap. 191, Laws 1886.) 

§ 1. No person shall kill, or expose for sale, or have in his wil s d e d ^ t 
or her possession, after the same has been killed, any wild goose ' 
duck, goose or brant in any of the waters of this State, 
between the first day of May and the first day of Septem- 
ber, except that in the waters of Long Island none of said Long island. 
birds shall be killed between the first day of May and the 
first day of October. Any person violating any of the 
provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a 
penalty of twenty-five dollars for each and every wild duck, Penalty, 
goose or brant killed, or had in his possession ; and any 
person who shall, at any time kill any of said birds between 
sunset and daylight, or pursue or fire at any of said birds Not to be 
with the aid of any light or lantern, shall be deemed guilty J^t and Veen 
of a misdemeanor, and in addition thereto shall be liable to sunrise - 
a penalty of fifty dollars for each offense against this pro- 
vision. And any person found between sunset and sunrise 
on the water with a gun and lantern in the act of attempt- 
ing to pursue, fire at, or kill any such birds, shall be deemed 
guilty of a violation of this section. * 

§5. No person shall, at anytime, kill any wild duck, K iiiin g same 
goose or brant, with any device or instrument known as a p^^ 1 or 
swivel or punt gun, or with any gun other than such guns 
as are habitually raised at arm's length and fired from the 
shoulder, or use any net, device or instrument, or gun other N ets, etc. 
than aforesaid, with the intent to capture or kill any such 
birds. Any person violating any of the provisions of this p en aity. 
section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of fifty dollars. 

§6. No person shall use any floating battery, machine Floating bat- 
or other device, whereby the gunner is concealed, for the SSTpSK 8 ' 
purpose of killing any wild fowl, or shoot out of any such Ited - 
floating battery, machine or device, at any wild goose, 
brant or duck, in any of the waters of this State, or use any 
decoy pr construct any bow-house, at a greater distance 
than twenty rods from the shore, for the purpose of shooting 
at or killing any such birds. Any person violating any of the Penalty. 
provisions of this section shall be deemed guihw of a mis- 
demeanor, and in addition thereto shall be liable to a penalty 
of fifty dollars for each offense. But nothing in this section Exceptions. 
shall apply to the waters of the Great South bay, west of 
Smith's Point, or the waters of Peconic bay, or Shinnecock 

* In Chautauqua county the open season for ivild duck, etc., is from Sep- 
tember ist to February ist. (See chap. 247, Laws 1886.) 



22 The Game Laws of the 

bay, or Lake Ontario, or the river St. Lawrence, or the 
Hudson river below Albany. 
wild "ow? r § ^' ^° P erson shall sail for any wild fowl or shoot at 

any wild goose, brant or duck from any vessel propelled by 
steam or sails, or from any other structure attached to the 
same, in any of the waters of this State, except Long Island 
Sound, Gardiner's and Peconic Bays, Lake Ontario and the 
Penalty. Hudson river below Iona Island. Any person violating any 
of the provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition shall be liable to a penalty of 
ten dollars. (As amended by chap. 591, Laws 1887.) 
Quaii. § 8. No person shall kill, expose for sale, or have in pos- 

session after the same has been killed, any quail,* between 
the first day of January and the first day of November, 
except as hereinafter provided; no person shall kill, or 
expose for sale or have in possession after the same has been 
Hare or rab- killed, any hare or rabbit, between the first day of February 
bit - and the first day of November, nor at any time, kill or hunt 

Ferrets. any hare or rabbit with ferrets. This shall not prevent the 
orchards and owners or occupants of nurseries or orchards, in any of the 
nurseries. counties of this State, from trapping or hunting hares or 
rabbits, with ferrets or otherwise, within the limits of said 
nurseries or orchards, or any forest or field adjoining such 
nurseries or orchards, and the possession of any hare or 
rabbit may be excused by any person proving the same to 
have been caught or killed within the limits aforesaid. * 
tt^-* _*■####* * # Anv 

Penalty. person violating either of the provisions of this section shall 
be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable for any violation of the first provision to a 
penalty of twenty-five dollars for each quail, hare or 
rabbit so killed, exposed for sale or had in possession. (As 
amended by chap. 584, Laws 1880.) 

§ 9. No person shall kill or expose for sale or have in his 

woodcock, or her possession after the same has been killed, any wood- 
cock,** between the first day of January and the first day 
of September, in the counties of Oneida and Delaware, and 
in other parts of the State, between the first day of January 
and the first day of August in each year, except as herein- 
after provided. It shall not be lawful for any person to kill 
or expose for sale, or to have in his or her possession after the 

Black or grey sauie has been killed, any black or grey squirrel, between 

* See chap. 542, Laws 1886, as to Robin's Island; chap. 395. Laws 1886, as 
to Niagara county. 

** See chap. 430, Laws 1886, as to Chautauqua and Cattaraugus counties, 
forbidding transporting birds out of said counties. 



State of New York. 23 

the first day of February and the first day of August in each 
year. Any person violating either of the provisions of this 
section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of twenty- five Penalty, 
dollars for each bird or animal so killed or had in possession. 
(As amended by chap. 269, Laws 1884.) 

§ 10. No person shall kill, or expose for sale, or have in 
his or her possession, after the same has been killed, any 
ruffed grouse, commonly called partridge ; or pinnated partridge, 
grouse, commonly called prairie chicken, between the first prairie 
day of January and the first day of September, except as chicken - 
hereinafter provided. Any person violating any of the pro- 
visions of this section shall be deemed guilty of a misde- Pena i ty . 
meanor, and in addition thereto shall be liable to a penalty 
of twenty-five dollars for each bird so killed or had in 
possession. * 

§ 11. No person shall, at any time or place within this 
State, take or kill any ruffed grouse, commonly called part- 
ridge, or any pinnated grouse, commonly called prairie 
chicken, or any spruce grouse, commonly called Canada 
partridge, or any quail, with any net, trap or snare, or set Netting, etc., 
any such net, trap or snare for the purpose of taking or P rohlblted - 
killing any such birds : nor shall any person willfully sell, 
or expose for sale, or have in his or her possession, any of 
the said birds after the same shall have been so taken or 
killed. Any person violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and in p en aity. 
addition thereto shall be liable to a penalty of ten dollars 
for each bird so taken and killed, or had in possession. 
And it shall be lawful for any person to take and destroy 
any such nets, traps or snares whenever found set. 

§ 12. No person shall, at any time, in this State, kill or 
expose for sale, or have in possession after the same is 
killed, any eagle, woodpecker, night-hawk, yellow bird, Eagles, etc. 
wren, martin, oriole, or any song bird, under a penalty of 
five dollars for each bird so killed, exposed for sale or Pena i ty . 
had in possession. (As amended by Laws of 1880, chap. 
584.f) 

§ 13. No person shall kill, expose for sale, or have in 
possession after the same has been killed, any robin, meadow Robins, larks 
lark or starling, save only during the months of October, and starlin § s - 
November, December, under a penalty of five dollars for 
each bird so killed, exposed for sale, or had in possession. 
(As amended by Laws of 1880, chap. 584f) 

* See chap. 430, Laws 1886, in relation to Chautauqua and Cattaraugus 
counties, and chap. 395, Laws 1886, in relation to Niagara county. 

t See chap. 427, Laws 1886, an act for the preservation of song and wild 
birds, which may operate as a repeal. 



24 



The Game Laws of the 



Exceptions. 



Robbing 
nests. 



Penalty. 



Trespassing. 



Notice. 



§ 14. The last two sections shall not apply to any person 
who shall kill any bird for the purpose of studying its hab- 
its or history, or having the same stuffed and set up as a 
specimen; or to any person who shall kill on his own premi- 
ses any robins in the act of destroying fruit or grapes.* 

§ 15. No person shall willfully destroy or rob the nest of 
any wild birds whatever, except crows, blackbirds, hawks 
and owls, save only where it may be necessary to protect 
dwelling-houses, or prevent their defacement. Any person 
violating this section shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a penalty 
of five dollars for each offence.* 

§ 16. Any person who shall knowingly trespass upon in- 
closed or cultivated lands, for the purpose of shooting or 
hunting any game protected by this act, or shall take any 
fish from private ponds or private streams not stocked in 
whole or in part by the State, or after public notice has 
been given by the owner or occupant thereof, or person, 
association or corporation hiring or leasing the exclusive 
right to shoot or hunt thereon or fish therein from the 
owner or occupant, as provided in the following section, 
shall be liable to such owner or occupant, " or person, asso- 
ciation or corporation," in addition to the actual damages 
sustained, exemplary damages to an amount not exceeding 
twenty -five nor less than fifteen dollars. (As amended by 
chap. 243, Laws 1885.) 

§ 17. The notice referred to in the preceding section shall 
be given by erecting and maintaining sign-boards, at least 
one foot square, upon at least every fifty acres of land upon 
or near the lot lines thereof, or upon or near the shores or 
banks of any lake, stream or pond, in at least two conspicu- 
ous places on premises, or by the personal service upon any 
person of a written or printed notice containing a brief 
description of the premises, the name of the owner or per- 
son in possession thereof, and such notice to have appended 
thereto the name of the owner or occupant, or person, asso- 
ciation or corporation having the exclusive right to shoot or 
hunt thereon or fish therein. Any person who shall tear 
down or in any way deface or injure any such sign-board, 
shall be guilty of a misdemeanor, and, in addition thereto, 
shall be liable to a penalty of twenty -five dollars. (As 
amended, chap. 243, Laws 1885.) 
state lands or [§ 3. Nothing in this act contained shall be construed as 
authorizing the leasing of any of the lands or waters 
belonging to the State, to any person, association or cor- 



Notice not to 
trespass. 



Penalty. 



waters not to 
be leased. 



* See chap. 427, Laws 18S6, an act for the preservation of song and wild 
birds, which may operate as a repeal. 



State of New York. 25 

poration for a fish or game preserve, except for fish hatch- 
ing purposes. (Added by chap. 243, Laws 1885, in act 
amending §§ 16 and 17.)] 

§ 18 No person shall at any time kill or catch or attempt Trout, etc., to 
to kill or catch any speckled trout, brook trout, salmon by C angu h ng° nly 
trout or land-locked salmon, with any device save that of 
angling with line, or rod held in the hand except in Lake Exceptions. 
Ontario and the Niagara river, and in waters which are 
wholly private, and in the latter only then by permission 
of the owner thereof ; nor shall any person set or draw any 
net or seine, or use any set line or set pole in any lake, 
pond or stream inhabited by speckled trout, brook trout, 
or salmon trout, or land, locked salmon, except in the waters 
of Lake Ontario ; but no net shall be set within one mile 
of the mouth of the Oswego river, or have, on the shores 
or waters thereof, except said Lake Ontario, any net, seine, 
set line, or other unlawful device for the taking of fish ; 
but this act shall not apply or prohibit the catching of min- 
nows for bait, in the waters of Lake Keuka, adjacent to 
the shores of Yates and Steuben counties, providing the 
person using the nets for that purpose shall not set them, 
and shall only use a net with mesh not exceeding one-half 
inch ; said net not to exceed one hundred feet in length, 
five feet in depth or breadth at the ends, and ten feet in 
the center, to be used with ropes not exceeding one hun- 
dred feet in length, and shall throw back any trout, bass 
or suckers or other game fish taken, and keep only chubs, 
shiners and ale wives, to be used as herein stated. And no 
person shall at any time, or in any way, catch or attempt 
to catch any speckled or brook trout, or salmon trout, or 
land-locked salmon, through the ice, except in Lake Onta- Fishing thro' 
rio and the Niagara river, and in waters wholly private. the ice - 
Any person who shall offend against any of the provisions 
of this section shall be deemed guilty of a misdemeanor, Penalty# 
and in addition thereto shall be liable to a penalty of 
twenty-five dollars for any offences against any of the pro- 
visions of this section, and ten dollars additional for each 
fish taken. All nets, seines, and other devices forbidden Nets, destmc- 
by this section to be used are hereby declared to be nuisan- tl0n of - 
ces and contraband ; and any person finding the same in 
any place where they are forbidden to be used, is author- 
ized to destroy such contraband articles, and no action for 
damages shall lie against him for such destruction. The 
phrase " private waters " is hereby defined for purposes of Private waters 
this and the next section only, to mean ponds or streams defined. 
fed wholly by artificial sources, or by springs existing upon 
the same farm or tract belonging to the owner or proprie- 



26 The Game Laws of the 

tor thereof ; or waters brought by artificial pipes, or chan- 
nels other than natural, into artificial ponds or reservoirs 
of the owner or proprietor. (As amended by chap. 618, of 
Laws of 1887.) 

§ 19. No person shall catch or attempt to catch, or kill 
or expose for sale, or have in possession after the same has 

S r a° S onfo! mcn ' D een caught or killed, any speckled trout, brook trout, Cal- 
ifornia trout or brown trout, save only from the first day 
of April to the first day of September in each year, except 

in Forest Pre- in the counties included in the Forest Preserve, established 
by chapter two hundred and eighty-three of the laws of 
eighteen hundred and eighty-five, where it shall not be law- 
ful to catch, or attempt to catch or kill, or expose for sale, 
any speckled trout, brook trout, brown trout and California 
trout, save only from the first day of May to the fifteenth 
day of September, and salmon trout and land-locked salmon 
from the first day of May to the first day of October in each 
year. Any person who shall at any time catch, or take 
any California trout, speckled trout, brook trout, brown 
trout, salmon trout or land-locked salmon from any of the 

size of. waters of this State, less than six inches in length, shall 
immediately place such trout back in the waters from 
which it was taken, and shall use due care not to kill or 
injure the same, and the catching of such fish by intent is 
hereby prohibited. Nor shall any person sell or expose for 
sale any of said fish less than six inches in length. No 
person shall at any time take or catch any speckled trout, 
brook trout, brown trout, salmon trout, land locked salmon 
or California trout, from any of the waters of this State 

Not to be tak- for the purpose of stocking a private or public pond or 

en for stocking s tream except from the waters of Lake Ontario. No per- 
son shall at any time willfully molest or disturb any of 
the fish mentioned in this section while they are upon their 

Spawning natural spawning beds during the spawning season, except 
in the waters of Lake Ontario, nor shall any person take 
any of the said fish, or any spawn or milt from any of said 
fish while upon their natural spawning beds in any of the 
waters of this State (except such as are wholly private). 
Any person violating any of the foregoing provisions of 

Penalty. this section shall be deemed guilty of a misdemeanor, and 
in addition thereto shall be liable to a penalty of twenty- 
five dollars for each fish so caught, killed, exposed for sale 
or had in possession during the prohibited season aforesaid ; 
a penalty of ten dollars for each fish sold or exposed for 
sale of less than six inches long as aforesaid ; and a penalty 
of fifty dollars for disturbing or molesting fish upon the 
spawning beds, or taking spawn or milt therefrom, with 



State of New York. 27 

twenty-five dollars additional for each fish taken thereon. 
The foregoing provisions are not to apply to the operations Hatcheries 
of State or public hatcheries, or to the artificial propaga- excepted - 
tion of said fish by State or public authority ; nor to the 
taking, transportation or possesing of fish-fry thus artifi- 
cially propagated or disturbed for the stocking of waters. 
Owners or proprietors of private hatcheries are also 
exempted therefrom to the extent that they may take fish, 
spawn or milt in their own private waters, for the purpose spawn. 
of artificial propagation, inclusive of the sale, transporta- 
tion and possession of fish -fry or spawn thus obtained or 
propagated for the purposes of stocking waters. In all 
other respects these provisions are to apply. No officer of 
the State, nor any person, shall place or deposit in any of 
the waters of the Adirondack region of this State (so called) 
any fish, or fish-fry, or spawn, or milt, except speckled 
trout, brook trout, brown trout, salmon trout, Califor- 
nia trout or land-locked salmon, unless the fish so de- 
posited or placed in such waters are indigenous to the 
particular water where placed, except that non-preying 
or non-destructive fish such as usually constitute food 
for the species above named, may be therein placed. 
Any person offending against this provision shall be 
deemed guilty of a misdemeanor, punishable by imprison- 
ment in a penitentiary or county jail for a period not Penalty, 
exceeding eighteen months or shall forfeit a penalty of five 
hundred dollars, or both, in the discretion of the court, for 
each fish or spawn deposited in violation thereof. No per- 
son, carrier, corporation, association or company shaU, at 
at any time, carry or transport or have in his or its posses- Transporting. 
sion for the purpose of transportation, any speckled trout, 
salmon trout, California trout or land-locked salmon, 
caught or killed in that portion of this State constituting 
the Forest Preserve ; and any person, carrier, corporation, 
association or company which has in his or its possession 
any such trout shall be deemed to have them in possession 
in violation of this section, provided, however, that they 
may transport from the Forest Preserve or have in posses- 
sion for the purposes of transportation, speckled trout, 
brook trout, brown trout and California trout, from the 
first day of May to the first day of September, and salmon 
trout or land-locked salmon from the first day of May to 
the first day of October in any year caught or killed in the 
Forest Preserve, provided that they be accompanied by the 
owner. Any person offending against this provision shall 
be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of fifty dollars for each trout or 



28 The Game Laws of the 

part thereof had in possession for transportation in viola- 
tion of this provision, and may be proceeded against in any 
county of this State in which the offender or prosecutor 
resides or the offender has an office for the transaction of 
business. (As amended by chap. 617, Laws 1887.) 
ftc.?s?aso r n OUt ' § 2( ^ No person shall kill or expose for sale or have in 
for." his or her possession after the same has been caught or 

killed, any salmon trout, land-locked salmon, or lake trout 
caught in the inland lakes or waters of this State in the 
months of October, November, December, January, Feb- 
ruary and March of each year, and in Lake George the 
Penalty. additional month of April. Any person violating any of 
the provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition thereto, shall be liable to a 
penalty of ten dollars for each fish so caught, killed, 
exposed for sale, or had in possession. (As amended by 
chap. 617, Laws 1887.) 
Black bass. § 21. No person shall catch or kill any black bass in the 
waters of Lake Mahopac, or of Columbia county (or in 
the waters of Schroon lake or river, or Paradox lake, in the 
counties of Essex or Warren, or in the waters of Friend's 
lake in Warren county, or in the waters of Skaneateles lake 
in the counties of Onondaga and Cayuga, or in the waters 
of Lake Erie and Niagara river above Niagara Falls, on the 
American side, between the first day of January and the 
first day of July) or in Lake George or in Brant lake, in 
Warren county, between the first day of January and the 
Oswego bass, first day of August, or catch or kill any black bass, Oswego 
pike C pe°rch?' bass, muscalonge or pike perch, commonly called wall-eyed 
pike, in Oneida lake, between the first day of March and 
the thirtieth day of May, or in any other waters of the 
State, between the first day of January and the thirtieth 
day of May, except in Lake Erie and Niagara fiver above 
Niagara Falls, on the American side, where the same 
shall not be caught, killed or had in possession or exposed 
for sale in Erie county between the first day of January and 
the first day of July, but this section shall not apply to salt 
water bass, unless alive, for artificial propagation, or the 
stocking of other waters, except that bass and muscalonge 
may be caught in the St. Lawrence, Clyde, Seneca and 
Oswego rivers, Lake Ontario and Lake Conesus and in Black 
lake, in St. Lawrence county, between the twentieth day of 
May and the first day of January. No person shall catch, 
kill or expose for sale, or have in his or her possession after 
the same has been killed, any black bass or fresh-water 
size and striped bass weighing less than one-half pound, or less than 
weight of. eight inches in length from end of snout to end of caudal 



State of New York. 29 

fin, at any time, nor catch, kill or expose for sale, after the 

same has been killed, any salt-water striped bass weighing 

less than one-half pound or less than eight inches in length 

from end of snout to end of caudal fin, at any time. No when may be 

person shall expose for sale, or have in his or her possession sold ' 

after the same has been killed, any black bass, Oswego bass, 

fresh -water striped bass or muscalonge, save only from the 

twentieth day of May to the first day of January ; except 

to the county of Erie where the same may be sold and had 

in possession only between the first day of July and the 

first day of January. Nor shall any person catch or kill, or 

attempt to catch or kill, any bull-heads in the waters of Lake George. 

Lake George or in the waters of any of the inlets or creeks Bull - hea ds. 

emptying into said lake, between the first day of April 

and the first day of July in any year. Nor shall any 

person, at any time, catch or kill, or attempt to catch or 

kill, in the waters of Lake George or in the waters of the 

inlets or creeks emptying into the same, any fish with any 

set line, or with any device whatever except that of angling 

with hook and line held in the hand. Nor shall any person 

catch or kill any pickerel in the waters of Lake George Pickerel. 

between the fifteenth day of February and the first day of 

July in any year. Nor shall any person expose for sale or 

have in his or her possession any pickerel caught or killed 

in the waters of said Lake George between the fifteenth day 

of February and the first day of July in any year. Any penalty. 

person violating any of the provisions of this section shall 

be deemed guilty of a misdemeanor, and in addition thereto 

shall be liable to a penalty for ten dollars for each fish. (As 

amended by chap. 619, Laws 1887.) 

§ 22. No person shall catch any bass, trout or other fish, shutting or 
in any of the waters of this State, by shutting or drawing ^ r a a t ^ g off 
off any portion of said waters. * * ** * Any 
person violating this section shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a p en aity. 
penalty of twenty-five dollars for each offense. 

§ 23. No person shall kill or catch, or attempt to kill or Fishing with 
catch, any fish, except minnows, in the waters of Lake Onta- ^^1^? 
rio on the American side thereof, for the distance of three prohibited" 
miles from the mouth of the Niagara river, or Onondaga, 
Oneida, Seneca, or Cross lakes, or in any of their outlets or 
tributaries, or in the American waters of the Niagara river 
above Niagara Falls, in any way or manner, or by any 
device whatever, except with that of hook and line, and 
any person catching or killing any fish, except minnows, in 
any of the above named waters, shall be liable to a penalty 
of one hundred dollars for each and every offense. No 



30 The Game Laws of the 

person shall kill or catch, or attempt to kill or catch any 
fish, except minnows, bull-heads, eels, suckers and catfish 
in any of the fresh waters, or in any of the canals of this 
State or in the American waters of the St. Lawrence river, 

Exceptions. m an y wa y r manner, or by any device whatever, except 
that of angling with a hook and line, save only in the fol- 
lowing waters, namely : The Hudson river below the dam 
at Troy,* and in Lake Ontario, except Great Sodus bay, 
Port bay, East bay, in the county of Wayne, Henderson 
harbor or Henderson bay, in the county of Jefferson ;f and 
also except in Lake Champlain during the month of October 
and the first fifteen days of November ; and also except in 
the waters of the Walkill river within the county of Ulster, 
wherein it shall be lawful for any person or persons of one 
and the same family or household to possess and fish for 
suckers and eels in the waters of said river during the 
months of March and April and October and November 
with a single fyke, the meshes of which shall not be less 
than one inch. And also except all that part of the waters 
of Lake Ontario, together with its bays and inlets, lying 
and being in the county of Jefferson, and in that part of 
Oswego county lying between its Jefferson county line and 
the westerly line of the town of Mexico, and within one- 
half mile of the outlet or mouth of Salmon river, saving 
and excepting the shoals adjacent to Henderson bay, on the 
lake side from the main shore to and including Smoke 
Island, except during the months of November and Decem- 
ber, which waters are hereby released from the operation 
of the provisions of sections twenty-three and twenty-six of 
the act hereby amended ; provided further that in Black 
lake, Mud lake and Yellow lake, in St. Lawrence county, 
bull-heads, eels, suckers, catfish and pickerel may be killed 
with a spear, except in the months of March, April and 

selling or hav- ]\/[ a y No person shall knowingly sell or purchase, or have 

ins in posses- ^ ■"• *-* •/ x. s 

sion. " in his or her possession, any fish killed, caught or taken 
from any such waters, contrary to the provisions of this 
section. And any person violating the provisions of 
this section shall be deemed guilty of a misdemeanor, and 
in addition thereto shall be liable to a penalty of twenty-five 
dollars for each and every such offense. And all nets, seines, 
traps, weir and other devices forbidden by this section are 
hereby declared contraband, and any person finding the 
same in any place where they are forbidden is hereby 

* See chap. 247, Laws 1884, Railway Trestles, etc.; see chap. 522, Laws 
1886, Pound and Purse nets; see chap. 567, Laws 1870, as to shad. 
t See chap. 141, Laws 1886, and chap. 366, Laws 1887. 



State of New York. 31 

authorized to destroy such contraband article, and no action Possession of 
for damages shall lie against him for such destruction. (As netson shore ° 
amended by chap. 127, Laws 1881.) 

§ 24. Any person having in his or her possession upon any 
of the waters of this State, or upon the shores of or islands 
in any waters of this State, inhabited by salmon, salmon 
trout, lake trout, black bass, Oswego bass, fresh-water 
striped bass or muscalonge, without the permission of the 
Commissioners of Fisheries, any snares, nets, stake poles 
or other device used in unlawfully taking such fish, shall be 
deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of twenty-five dollars ; but Exceptions, 
nothing herein contained shall apply to that portion of the 
Hudson river south of the dam at Troy, or to Lake Ontario, 
or to the waters of the Walkill river in Ulster county. (As 
amended by chap. 11, Laws 1886.) 

§ 25. No person, association, company or corporation shall Polluting 
throw or deposit, or permit to be thrown or deposited, any streams - 
dye-stuff, coal tar, refuse from gas houses, saw dust, lime 
or other deleterious substance, or cause the same to run or 
flow into or upon any of the rivers, lakes, ponds, streams, 
or any of the bays or inlets adjoining the Atlantic ocean 
within the limits of this State. Any person who shall Penalty, 
violate this section, or any member of any such company, 
association or corporation who shall authorize and direct 
any such violation, shall be guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of fifty dollars 
for each offense. But this section shall not apply to streams 
of flowing or tide water, nor to the town of French Creek, 
in Chautauqua county, which constitutes the motive power 
of the machinery or manufacturing establishments, when 
it is absolutely necessary for the manufacturing purposes 
carried on in such establishments to run the refuse matter 
and material thereof into such stream. (As amended by 
chap. 430, Laws 1881. See also chap. 300, Laws 1886, post. 
See Cartwright v. Canandaigua Gas-light Co., 32 Hun, 403, 
Supreme Court, 4th Dept., March, 1884.) 

§ 26. No person shall fish in any of the waters or canals sizesofmesh- 
of this State with seines, gill-nets or fykes, the meshes of ** and fykes * 
which shall be less than two and one-half inches, except in 
the waters excepted in the first section of this act and 
except in the following waters : In the waters over which 
Eichmond county has civil jurisdiction, the meshes shall 
not be less than two inches ; in the bays and salt waters, 
estuaries and rivers of Long Island, not less than two and 
one-half inches, but this prohibition shall not apply to nets 
used in taking ' ' menhaden" nor to ponds where they are 



32 



The Game Laws of the 



SJwed n and ng P ermitted Dv iaw ; in Lake Erie and Lake Ontario, the 

prohibited, meshes shall not be less than four and one-half inches ; in 
the Hudson river between long dock at Piermont in the 
county of Rockland and the dam at Troy, the meshes shall 
not be less than two inches except seines, fykes or other 
nets used in catching bait fish ; in Coney Island creek to 
the mouth thereof extending out into Gravesend bay one- 
half mile each way, the meshes of which shall be four 
inches square, except that for eel and flounder fishing, 
hoop nets, with suitable meshes, may be used within said 
bay between the fifteenth day of October and the first day 
of April. No person shall set or take any fish by any 
device known as pound or trap-net, in the waters of Great 
South bay, except so much thereof as is within the juris- 

poundor t«p diction of the town f i s iip and not i nc i u ded in the Brook- 
haven and Smith patents, and the waters of Lake Erie, or 
bring any fish so taken in suchw aters to the shore, along 
the same, or be engaged in procuring or preparing for mar- 
ket any such fish or any part thereof, or exposing fish taken 
in such nets for sale, in the counties bordering on such 
waters. Nothing in this section shall be construed as per- 
mitting the drawing of seines in the waters of the Hudson 
between the upper dock at the village of Sing Sing and Cro- 
ton landing, in the town of Cortland, nor in any of the 
waters between the above named points, nor in any portion 
of the Croton river, between the first day of June and the 
first day of October of any year, which drawing is hereby 
expressly forbidden, except that set nets and seines of 
meshes of one-half inch, may be used in any part of the 
Croton river and the bay in the Hudson river, lying 
between Croton point and the village of Sing Sing, from 
October first to May first of any year, for the purpose of 
catching smelts and frost fish, but for no other purpose. 
Nor shall anything in this section be construed to prevent 
setting of fykes in the Walkill river in Ulster county, dur- 
ing the months of March and April and October and 

Penalty. November. Any person violating the provisions of this 
section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of fifty dollars. 
(As amended by chap. 237 of the Laws of 1885.) 

Private parks. § 27. Any owner or owners or lessee or lessees of lands or 
lands and water, whether such owner or owners, lessee or 
lessees be an individual or individuals, association or associ- 
ations, society or societies, corporation or corporations, or 
any person, association or corporation having the exclusive 
right to shoot or hunt thereon or fish therein, desiring to 
lay out, devote or dedicate such lands or lands and water 



Smelts. 



Exceptions. 



State of New York. 33 

for the purpose of a private park or territory for propaga- 
ting or protecting fish, birds or game, shall publish at least 
once a week for three months, in a paper of general circu- 
lation printed in the county or counties within which such 
lands or lands and water are situated, a notice substan- Netk* to be 
tially describing the same, or containing a diagram show- pu 
ing substantially the location of said lands or lands and 
water. And there shall be inserted in said notice so pub- 
lished, a clause declaring that such lands or lands and 
water will be used as a private park for the purpose of 
propagating and protecting fish, birds and game ; and it 
shall be the duty of such owner or owners, lessee or lessees, 
or person, association or corporation having such exclusive 
right to shoot or fish at any time during the publication of 
said notice, or within six months after the final publication 
thereof, to post or put up notices or sign boards warning all sign boards to 
persons against trespassing upon such private territory, be erected - 
which notices or sign boards shall not be less than one foot 
square, and placed not more than forty rods apart along 
the entire boundary of said private par,k or territory, when 
the same shall consist entirely of land, and when said pri- 
vate park or territory shall consist of both land and water, 
the notices aforesaid shall be placed in conspicuous places 
upon said territory so there shall be at least one notice or 
sign board so placed or erected for every one hundred acres 
of said territory. And when the property to be protected 
shall consist of a lake or pond only, said notices shall be 
placed in at least four conspicuous places upon the shore of 
such lake or pond. But when said territory or any part 
thereof, shall be inclosed by a fence or fences of reasonable 
capacity for protection of said premises, then notices or 
sign boards of the dimensions aforesaid shall be placed on 
said fence or fences not more than one-half mile apart. 
After any such territory shall be dedicated and designated 
as aforesaid, all fish, birds and game, of, in or upon said Game in> to be 
territory, shall be the property of the owner or owners, private proper- 
lessee or lessees thereof, or of the person, association or cor- ty ' 
poration having the exclusive right to shoot, hunt or fish 
thereon. (As amended by chap. 623, Laws of 1887.) 

§ 28. After any such territory shall have been dedicated 
and designated as a private park in such manner as to ren- 
der such fish or game private property, no person shall Taking game, 
catch or take from or kill any fish, birds or game in or upon ^ p f S pn ' 
said grounds or the waters thereon, or put on such grounds P rohibited - 
or in any such waters, any poisonous or other deleterious 
substance, or pisciverous fish, or let off the waters from 
said grounds, with intent to take fish, or to destroy the fish 
3 



34 



The Game Laws of the 



Trespassing 
and mischief 
prohibited. 



Penalty. 



Sign boards at 
State fishways. 



Fishing within 
eighty rods of 
a State fishery 
prohibited. 



Penalty. 



Bounty for 
wolves and 
panthers. 



or eggs placed in such waters, or deface or destroy any sign 
or notice posted or put up as aforesaid, or place any object 
against or near such fence or inclosure, with the intent to 
aid dogs or other animals to get into said grounds, or to 
enable animals kept therein to escape therefrom, or enter 
upon any such ground with the implements or weapons for 
catching, taking or killing fish, birds or game, with the 
intention of catching, taking or killing any fish, birds or 
game thereon, except that the person, association or cor- 
poration having the exclusive right to shoot, hunt or fish 
thereon, or any person possessing a written permit from 
such person, association or corporation, shall have the right 
to shoot or hunt on said lands and fish in said waters, and 
to enter upon said lands with dogs and kill and take birds 
or game and catch and take fish therefrom. Any person 
found guilty of any offence against this section shall be 
deemed guilty of a misdemeanor, and in addition thereto, 
shall be liable to the owner or lessee or to the person, asso- 
ciation or corporation having the exclusive right to shoot, 
hunt or fish thereon, in addition to the actual damages 
incurred, in exemplary damages to the amount of twenty- 
five dollars. (As amended by chap. 623, Laws of 1887.) 

§ 29. The commissioners of fisheries of this State are 
hereby required and directed to erect and maintain, at a 
distance of eighty rods from any fish way established or 
constructed by the State, in any stream or water-course 
within its boundaries, sign-boards, on which shall be plainly 
painted or inscribed the words following, to wit : ' ' Eighty 
rods to the fish way ; all persons are by law prohibited from 
fishing in this stream between this point and the fish way ;" 
said sign-board to be erected on both sides of the stream, 
above and below the fishway. 

§ 30. No person shall catch, take or kill, or attempt to 
catch, take or kill, with any implements or device whatever, 
any fish within a distance of eighty rods from any fishery 
established by the State, within any stream or water-course 
within its boundaries, or tear down or deface or destroy any 
sign-board put up by the commissioners of fisheries of this 
State. Any person violating any of the provisions of 
this section, provided the sign-boards mentioned in the 
preceding section shall have been erected and maintained 
as directed by this act, shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a penalty 
of twenty -five dollars. 

§ 31. A State bounty of thirty dollars for a grown wolf, 
fifteen dollars for a pup wolf, and twenty dollars for a pan- 
ther, shall be paid to any person or persons who shall kill 



State of New York. 35 

any of said animals within the boundaries of this State. 
The person or persons obtaining said bounty shall prove the 
death of the animal so killed by him or them, by producing 
satisfactory affidavits, and the skull and skin of said animal, 
before the supervisor and one of the justices of the peace of 
the town within the boundaries of which the said animal 
was killed. Whereupon said supervisor and justice of the Proof - 
peace, in the presence of each other, shall burn and destroy 
the said skull, and brand the said skin so that it may be 
thereafter identified, and issue to the person or persons 
claiming and entitled to the same, an order on the treasurer 
of the county to which said town belongs, stating the kind 
of animal killed, the date of killing of the same, and the 
amount of the bounty to be paid in virtue of the within 
section of this act, and the county treasurers of this State Bounty, how 
are hereby authorized and directed to pay all orders issued pald - 
as aforesaid ; and all orders issued in the manner afore- 
said, and paid by the treasurer of any county in this State, 
shall be a charge of said county against the State, the 
amount of which charge, on delivery of proper vouchers, 
the comptroller is hereby authorized and directed to allow 
in the settlement of taxes due from said county to the 
State. 

§ 32. There shall be no shooting, hunting, trapping or Hunting on 
caging of birds or wild beasts, or having in possession in gj^ay P rohi - 
the open air for such purpose the implements for the shoot- 
ing, hunting, trapping or caging of the same, on the first 
day of the week, called Sunday ; and any person violating 
either of the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto shall be Penalty. 
liable to a penalty of twenty -five dollars for every such 
offense. (See sees. 265, 269, Penal Code.) 

§ 33. All penalties imposed by this act may be recovered, Penalties, how 
with costs of suit, by any person in his own name, or by recovered - 
any society in its name, upon such society giving security 
for costs, before any justice of the peace in the county 
where the offense was committed, or in an adjoining 
county, when the amount does not exceed the jurisdiction 
of such justice, or when such suit shall be brought in the 
city of New York, before any justice of the district court, 
or of the marine court of said city ; and such penalties may 
be recovered in the like maimer in any court of record in the 
State ; but on recovery by the plaintiff in such case for a 
less sum than fifty dollars, the plaintiff shall only be entitled 
to costs to an amount equal to the amount of such recovery ; 
and it shall be the duty of any district attorney in this State, 
and he is hereby required to prosecute, or to commence 



36 The Game Laws of the 

actions, in the name of the people of this State, for the 
recovery of the penalties allowed hereby, upon receiving 
proper information ; and in all actions brought by such 
district attorney, one-half of the penalty recovered shall 
belong to persons giving information on which the action is 
brought, and the other half shall be paid to the treasurer of 
the county in which such action is brought. All judgments 
recovered in pursuance of the provisions of this act, with 

how g STforced. the interest thereon, may be collected, and the payment 
thereof enforced by execution against the person ; and any 
person- imprisoned upon any such execution shall be so 
imprisoned for a period of not less than five days, and at 
the rate of one day for every dollar or fractional part 
thereof of such judgment and interest when the same 
exceeds five dollars ; and such imprisonment shall not be 
satisfaction of such judgment ; but no person shall be more 
than once imprisoned upon any such judgment or execu- 
tion, and two or more penalties may be included in the 
same action. 

Misdemeanor, § 34. Any person who shall be found guilty of a misde- 

how punished. meanor unc [ er ail y f the provisions of this act shall, upon 
conviction, be punished by a fine of not less than five dol- 
lars, nor more than at the rate of one dollar for every dollar 
of the penalty provided by the section so violated, when the 
same exceeds five dollars, or by imprisonment in the county 
jail or penitentiary for a period of not less than five days, 
nor more than at the rate of one day for every dollar of any 
such penalty, or by such fine and imprisonment, in the dis- 
cretion of the court. 

Courts. § 35. Courts of special sessions in towns and villages, and 

the several courts in cities having jurisdiction to try other 
misdemeanors, shall have jurisdiction to try offenders in all 
cases occurring under this act in the same manner as in 

Fines. other cases where they now have jurisdiction, and to render 

and enforce judgment accordingly. All fines recovered by 
the provisions of this act shall be paid over by the court 
receiving the same to the treasurer of the county wherein 
the offense was committed, except in the county of New 
York, and in the county of New York to the chamberlain 
in the city of New York, within ten days after their recep- 
tion by such court, and such moneys shall be kept by such 
treasurer or chamberlain as a separate fund, to be applied 
to the enforcement of the provisions of this act, in such 
manner as the board of supervisors of the several counties, 
except in the city and county of New York, and in such city 
and county the board of alcjermen may direct, either for the 
employment of special detectives or the payment of rewards 



State of New York. 37 

for the detection and arrest of offenders, and each of the 
boards of supervisors of this State shall have power to raise Taxes . 
by tax, in the same manner as other taxes are raised for 
county purposes such sum, not exceeding one thousand 
dollars in any year, as they shall deem proper to further aid 
in the enforcement of the provisions of this act. It shall be DutIes of 
the duty of every sheriff, under-sheriff, deputy sheriff, offi- sheriff, etc. 
cer of police or policeman, and of every constable and every 
game constable, and every bay constable to arrest, wherever 
found within this State without warrant, any person whom 
they shall find violating any of the provisions of this act, 
and immediately to bring such offender before the nearest 
magistrate having jurisdiction of the offense for examina- 
tion and for trial. Any officer or magistrate who shall Penalties f 
neglect or refuse diligently to enforce the provisions of this failure 1 " act. 
act, upon proper information and complaint, shall be deemed 
guilty of a misdemeanor, and shall be punished by a fine or 
imprisonment, or by both such fine and imprisonment in 
the discretion of the court. 

§ 36. Any person may sell or have in possession any hare woodcock, 
or rabbit or any woodcock, any ruffed grouse commonly partridge, ' 
called partridge, any pinnated grouse commonly called sqSl 
prairie chicken, and any black or gray squirrel during the venison - 
month December, and any quail from the first day of Jan- 
uary to the first day of February and any fresh venison 
from the fifteenth day of November to the fifteenth day of 
December and shall not be liable for any penalty under this 
act, provided he proves that such game was lawfully killed 
during the periods allowed by this act and not transported 
contrary to the provisions thereof. (As amended by chap. 
194, Laws 1886.) 

§ 37. It shall be lawful for the board of supervisors of Boardsofsu _ 
any county, at their annual meeting, to make any regula- pervisors to 
tions or ordinances protecting other birds, fish or game than pass Iaws " 
those mentioned in this act, and also for the further pro- 
tection of such birds, fish or game as are in this act men- 
tioned, except wild deer, and to this end to prohibit hunting 
or fishing in particular localities or waters lying within their 
respective counties, for limited periods and during certain 
months of the year, and to prescribe punishments and 
penalties for the violation thereof, and adopt all necessary 
measures for the enforcement of such punishment and the 
collection of such penalties. And such regulations and 
ordinances shall be published in the papers in such county To be pu b- 
in which the session laws are published ; and a certified lished - 
copy thereof shall be filed in the office of the clerk of the 
county ; provided, however, that nothing herein contained 



38 The Game Laws of the 

shall be construed as conferring upon the board of super- 
visors of any county the right or authority to prohibit the 
owner or owners, in whole or in part, of lands and waters 
wholly private, or the lessee or lessees thereof, whether such 
owner or owners, lessee or lessees be an individual or indi- 
viduals, asssociation or associations, society or societies, cor- 
poration or corporations, from angling and taking fish in a 
lawful manner during the months now allowed by the laws 
of this State. This act is intended to apply only to such 
owner or owners, in whole or in part, of lands and waters, 
or the lessee or lessees thereof, who shall have complied 
with the provisions of section twenty-seven of said chapter 
five hundred and thirty -four of the Laws of eighteen hun- 
dred and seventy-nine, and the acts amendatory thereof. 
(As amended by chap. 212, of the Laws of 188L) 
Gameconsta- § 38. It shall be lawful for the boards of supervisors of 
bles ' the several counties of this State, except as by this section 

hereinafter further provided as to the county of Kings, by 
the affirmative vote of a majority of the members elected, 
at a regular meeting of such boards, respectively, to author- 
ize the election in each or any of the towns or cities of their 
respective counties of one or more officers to be designated 
game constable, who shall be chosen at town meetings as 
other town officers are chosen, and hold office for the term 
of one year ; and he or they shall take the oath of office 
the same, and be invested with and have the same powers 
in serving process under this act, that town constables now 
possess in serving civil process ; but such game constable 
Sunty. i° r the entire county of Kings may be appointed by the 
board of supervisors at any regular meeting, and he or they 
shall hold office to the last day of December next after his 
appointment, and until his successor shall be appointed and 
qualified ; and all suits prosecuted by such game constable 
for the county of Kings, for penalties under the provisions 
of this act, may be prosecuted in the county court of Kings 
county, or in the city court of Brooklyn ; and in case a re- 
covery shall be had in such suits for less than fifty dollars, 
the plaintiff shall be entitled to costs to the amount of such 
Duties and recovery. Warrants of arrest may be issued by such courts 
powers of. j n guc ] 1 ac tions prosecuted by the game constable of Kings 
county, as in cases provided for by section one hundred and 
seventy-nine of the Code of Procedure, except that no 
undertaking shall be required on behalf of the plaintiff, and 
the judgments may be enforced by execution against the 
person, and the sheriff of said county shall not be entitled 
to any deposit or pay from the plaintiff under the provi- 
sions of chapter eight hundred and thirteen of the laws of 



State of New York. 39 

eighteen hundred and sixty-nine. It shall be the duty of 
the game constable, after reliable information, to prosecute 
all violations of this act, and he shall receive such compen- 
sation for his services as is allowed by law for like services 
to constables of towns, and also one-half of all penalties 
recovered by him for violations of this act. In cases of neg- 
lect or refusal of any game constable to prosecute any such 
violation, he shall forfeit the penalty of twenty-five dollars, costs of suit. 
to be sued for and recovered as specified in this act. When- 
ever any game constable shall fail to recover the penalty in 
any prosecution commenced by him pursuant to this sec- 
tion, the cost of suit incurred by him shall be charged 
against the county, and it shall be the duty of the board of c ™ r £ s * at 
supervisors of the county to audit and allow the same, as SSiSS! 
other county charges are audited and allowed. * * * * 

§ 39. Any justice of the marine or district court in the 
city of New York, or any justice of the peace, police or 
other magistrate, upon receiving sufficient security for costs 
en the part of the complainant, and sufficient proof by 
affidavit that any of the provisions of this act have been 
violated by any person being temporarily within its juris- 
diction, but not residing there permanently, or by any 
person whose name and residence are unknown, is hereby 
authorized to issue his warrant for the arrest of such 
offender, and to cause him to be committed or held to bail 
to answer the charge against him ; and any such justice or 
magistrate, upon receiving proof or probable cause for 
believing in the concealment of any game or fish mentioned 
in this act, and taken during any of the periods prohibited, 
and upon the complainant's giving security, to be approved 
by such magistrate, for the damage which the defendant 
in the case may sustain in consequence of the complaint, 
provided he shall be found not to have violated the law, 
shall issue his search warrant and cause search to be made search 
in any house, market, boat, car or other building, and for 
that end may cause any apartment, chest, box, locker, 
crate or basket to be broken open and the contents 
examined. 

§ 40. All acts and parts of acts for the preservation of 
wild deer, birds, fish and game, including section 2 of chap- R epe ai 
ter 183 of the Laws of 1875, are hereby repealed, except 
such acts and parts of acts as relate to the commissioners 
of fisheries, and the establishment of fishways, the con- 
struction of dams across the rivers of this State, the protec- 
tion and preservation of shell fish, the incorporation of any 
company for the protection and propagation of fisn and 
game, the election of bay constables, the laws conferring 



war- 
rants. 



40 



The Game Laws of the 



Penalties, 
how divided. 



Lake Keuka 
and Canan- 
daigua lake. 



Constables. 



California 
trout. 



Penalty. 



Game con- 
stables, sher- 
iffs, etc. 
powers of. 



Salmon trout 
caught in 
western lakes. 



upon the boards of supervisors special powers to legislate 
for the protection of fish, birds and game, and the laws 
regulating shad fishing ; saving, nevertheless, so much of 
said acts as may be necessary to sustain any right of recov- 
ery or condition thereunder for actions or prosecutions 
heretofore commenced. 

§ 41. One moiety of the penalties hereinbefore prescribed, 
shall be given to the informant, upon conviction of the 
offender or offenders, and the collection thereof. It shall 
be lawful to fish through the ice and to take fish, except 
trout, black bass and pike, with spear and set lines, in the 
waters of Seneca lake, Lake Keuka and Canandaigua lake. 
(As amended by chapter 618, of the Laws of 1887). 

§ [42.] Any action brought or prosecuted by any district 
attorney pursuant to the provisions of the act hereby 
amended, may be discontinued by such district attorney, 
and neither costs nor disbursements in such action shall be 
recovered by any defendant therein. (Sec. 6 of chap. 531, 
Laws of 1880.) 

§ [43.] No person shall take, catch or kill any California 
trout in any of the waters of this State, in any way or by 
any device, between the fifteenth day of May and the first 
day of September. No person shall knowingly sell or pur- 
chase or have in possession any California trout, killed, 
taken or caught in the waters of this State during the 
period aforesaid. Any person violating the provisions of 
this section shall be deemed guilty of a misdemeanor, and 
in addition thereto shall be liable to a penalty of twenty- 
five dollars for each offense. (Sec. 7 of chap. 531, Laws 
1880 ; sec. 19 of general act as amended). 

§ [44.] Game constables, constables, sheriffs and deputy 
sheriffs, shall have the same powers as are conferred upon 
game protectors for the enforcement of the provisions of 
chapter five hundred and thirty-four of the Laws of eighteen 
hundred and seventy-nine and the amendments thereto, 
and shall be entitled to the same fees therefor. (Sec. 2 of 
chap. 429, Laws 1886). 

§ [45.] This act shall not apply to salmon trout or land- 
locked salmon caught in lakes Michigan, Superior, Huron 
or St. Clair, or in the waters adjacent thereto or connecting 
the same. (Added by chap. 596, Laws of 1887). 



State of New York. 41 



OTHER GENERAL ACTS. 



Chap. 498, Laws 1887. 

AN ACT authorizing possession and sale in the city of New 
York of Salmon trout and certain other varieties of fish 
taken from waters outside of this State. 

Section 1. It shall be lawful to have in possession and to Trout, bass, 
sell within the city of New York, at any time, salmon trout ™t oTsSL 
sometimes known as lake trout, also the large mouthed 
black bass of North Carolina and Virginia, locally known 
as chub, and pike perch, sometimes known as wall-eyed 
pike, said varieties of fish to be lawfully taken from waters 
outside of this State. 

§ 2. None of the provisions of laws heretofore enacted 
for the preservation of fish or other game within this State 
shall be construed to prohibit or interfere with the posses- 
sion or sale in the city of New York only, of the above 
specified fish taken from waters outside of this State, pro- 
vided that it be proven in any action or prosecution for 
such possession or sale, that such fish was lawfully taken 
from waters outside of this State. 



Chap. 530, Laws 1887. 

AN ACT for the protection and preservation of Salmon in 
the waters of this State. 

Passed June 6, 1887 ; three-fifths being present. 

Section 1. No person shall at any time kill or catch, or Sal m° n - 
attempt to kill or catch, salmon in the waters of this State 
with any device or in any manner, save that of angling 
with line or rod held in hand. 

§ 2. No person shall catch, or attempt to catch or kill, 
any salmon in said waters save only from the first of March 
to the fifteenth day of August in each year. 

§ 3. Any person using nets in that part of the Hudson ^bfreltored? 
river within the jurisdiction of this State, in fishing for 



42 



The Game Laws of the 



Penalty. 



other fish allowed to be taken therein by nets, shall upon 
catching any salmon immediately return and restore the 
same to the water without injury. The foregoing provi- 
sions are not to apply to the operations of State or public 
hatcheries or to the artificial propagation of said fish by 
State or public authority. 

§ 4. Any person violating any of the foregoing provi- 
sions of this act shall be deemed guilty of a misdemeanor, 
and, in addition, shall be liable to a penalty of one hundred 
dollars, or one day's imprisonment for each dollar of fine ; 
any informer to receive one-half of said fine. Actions for 
any violations of this act may be brought before any justice 
of the peace in any county which borders on the river or 
water opposite where the offense was committed without 
regard to channel boundaries. 

§ 5. All acts inconsistent with this act are hereby repealed. 



Chap. 300, Laws 1886. 

AN ACT for the protection of the natural oyster beds lo- 
cated in the waters of the State of New York. 



Polution of 
waters. 



Cinders, ashes 
«tc. 



Section 1. It shall not be lawful for any person or per- 
sons, corporation or corporations, to place, or cause to be 
placed, in any manner whatsoever, in any waters within the 
jurisdiction of the State, any sludge acid or other refuse 
matter, resulting from the manufacture, or process of man- 
ufacture, or treatment of crude or refined material from any 
oil refinery or oil works, any sugar refinery or sugar works, 
or from any gas house, or building or buildings used for 
the making of gas, or to deposit in said waters any sub- 
stance injurious to oyster culture, provided, however, that 
nothing in this section shall be held to apply to any refuse 
from the manufacture or handling of crude or refined oil 
and guano made from menhaden or other oil-bearing fish. 

§ 2. It shall not be lawful to throw or cause to be thrown 
from any boat, scow or vessel whatsoever, into the waters 
of Long Island Sound or into the bays and harbors opening 
into the same, west of a line drawn from Eaton's Neck, due 
north to the boundary line between New York State and 
the State of Connecticut, any cinders, ashes, refuse or 
garbage. 

§ 3. Any person or corporations violating the provisions 
of either of the foregoing sections of this act shall be 
adjudged guilty of a misdemeanor. 



State of New York. 43 

§ 4. The oyster commissioner is hereby authorized to oyster 
appoint a person, who shall be known as the State Oyster pro1 
Protector, whose duty it shall be to patrol, under the direc- 
tion of said oyster commissioner, the oyster regions of the 
State, for the purpose of enforcing the provisions of this 
act, and, in a general manner, guarding the oyster property 
of the State. The salary of said protector shall be onesaiary. 
thousand dollars per year, and his salary shall be paid in 
the same manner and he shall be in all respects on the same 
footing as the game and fish protectors of the State, 
appointed under chapter five hundred and ninety-one, Laws 
of eighteen hundred and eighty. Besides his salary the 
protector shall be allowed his actual traveling and inci- 
dental expenses, not to exceed two dollars per day, and the 
oyster commissioner may, at his discretion, allow the said 
protector an assistant, who shall be paid at the rate of two 
dollars and fifty cents per day for the time of actual 
service. 



Chap. 361 of the Laws of 1879. 

AN ACT for the preservation of song and small birds. 

Section 1. No person shall kill, wound, trap, net, snare, ^Kber 11 * 
catch with bird lime, or with any similar substance or drug, when not to be 
or in any other manner capture, or sell, or expose for sale or kllled " 
transport, during the months of April, May, June, July, 
August, September or October in any year, any bird of 
song, or any linnet, blue bird, yellow hammer, yellow bird, 
thrush, woodpecker, cat bird, pewee, swallow, martin, blue 
jay, oriole, kildee, snow bird, grass bird, gross beak, phcebe 
bird, humming bird, black bird, wren, excepting birds bred 
in a cage or imported from Europe or the southern United 
States. No person shall kill or expose for sale, or have in 
his possession after the same has been killed, any robin, Meadow iark S 
meadow lark, or starling between the first day of January and starlings. 
and the fifteenth day of October, save only when such birds 
are killed on premises of the person killing, and while 
they, are destroying fruit. This section shall not apply to Exceptions. 
any person who shall kill any bird for the purpose of study- 
ing its habits or history or having the same stuffed and set 
up as a specimen. This act shall apply only to the counties ^P a ^j cation 
of New York, Kings, Albany, Richmond and Eensselaer. 

§ 2. Any person violating this act shall be deemed guilty Penalty, 
of a misdemeanor, punishable by imprisonment in the 



44 



The Game Laws of the 



Division of 



county jail or penitentiary, of not less than five or more 
than thirty days, and shall also be liable to a penalty of 
fifty dollars, to be recovered with costs, by any person 
suing therefor in his own name. 

§ 3. In all actions for the recovery of penalties under this 
act, one-half of the recovery shall belong to the plaintiff, 
and the remainder shall be paid to the county treasurer of 
the county where the offense was committed, except if the 
offense be committed in the city and county of New York 
then said remaining half penalty shall be paid to the cham- 
berlain of said city.* 



Killing, etc. 
of song and 
wild birds 
forbidden. 



Ohap. 427, Laws 1886. 

AN ACT for the preservation of song and wild birds. 



"Game birds 
denned. 



Section 1. No person in any of the counties of this State, 
shall kill, wound, trap, net, snare, catch with bird lime, or 
with any similar substance, poison or drug, any bird of 
song or any linnet, blue bird, yellow hammer, yellow bird, 
thrush, woodpecker, cat-bird, pewee, swallow, martin, blue- 
jay, oriole, kildee, snow bird, grass bird, gross beak, bobo- 
link, phcebe bird, humming bird, wren, robin, meadow lark 
or starling, or any wild bird, other than a game bird. Nor 
shall any person purchase, or have in possession or expose 
for sale any such song or wild bird, or any part thereof, 
after the same has been killed. For the purposes of this 
act the following only shall be considered game birds : the 
Anatidae, commonly known as swans, geese, brant, and 
river and sea ducks ; the Eallidae, commonly known as 
rails, coots, mud-hens and galli mules ; the Limicolae, com- 
monly known as shore birds, plovers, surf -birds, snipe, wood- 
cock, sand pipers, tatlers and curlews ; the Gallinae, com- 
monly known as wild turkeys, grouse, prairie-chickens, 
pheasants, partridges and quails. 

§ 2. No person shall take or needlessly destroy the nest 
or eggs of any song or wild bird. 

§ 3. Sections one and two of this act shall not apply to 
any person holding a certificate giving the right to take 
birds, and their nests and eggs, for scientific purposes, as 
provided for in section four of this act. 
Certificates for § 4. Certificates may be granted by any incorporated 
society of natural history in the State, through such persons 
or officers as said society may designate, to any properly 



Nests or eggs. 



Scientific use 
excepted. 



* Probably repealed by chap. 427, Laws 1886, infra. 



State of New York. 45 

accredited person of the age of eighteen years or upward, 
permitting the holder thereof to collect birds, their nests or 
eggs, for strictly scientific purposes only. In order to obtain 
such certificate, the applicant for the same .must present to 
the person or persons having the power to grant said certi- 
cates, written testimonials from two well-known scientific 
men, certifying to the good character and fitness of said 
applicant to be entrusted with such privilege ; must pay to 
said persons or officers one dollar to defray the necessary 
expenses attending the granting of such certificates ; and 
must file with said persons or officers a properly executed 
bond, in the sum of two hundred dollars, signed by two 
responsible citizens of the State as sureties. This bond Bond, 
shall be forfeited to the State, and the certificate become 
void upon proof that the holder of such a certificate has 
killed any bird, or taken the nest or eggs of any bird for 
other than the purposes named in sections three and four of 
this act, and shall be further subject for each such offense 
to the penalties provided therefor in sections seveu and 
eight of this act. (As amended by chap. 373, Laws IS 87.) 

§ 5. The certificates authorized by this act shall be in Term, 
force for one year only from the date of their issue, and 
shall not be transferable. 

§ 6. The English or European house sparrow (Passer do- English 
mesticus) is not included among the birds protected by this s P arrow - 
act, and it shall be considered a misdemeanor to intention- 
ally give food or shelter to the same. The crow, hen-hawk, Excep tions. 
owl and black-bird are not protected by this act. It shall 
be lawful to shoot robins and blackbirds on Long Island 
and Staten Island from the first day of November to the 
first day of January in each year. (As amended by chap. 
641, Laws 1887.) 

§ 7. Any person or persons violating any of the provis- Penalty, 
ons of this act shall be deemed guilty of a misdemeanor, 
punishable by imprisonment in the county jail or peniten- 
tiary, of not less than fire or more than thirty days, or to 
a fine of not less than ten or more than fifty dollars, or 
both, at the discretion of the court. 

§ 8. In all actions for the recovery of penalties under this 
act, one half of the recovery shall belong to the plaintiff, and 
the remainder shall be paid to the county treasurer of the 
county where the offense is committed, except if the offense 
be committed in the city and county of New York, the re- 
maining one-half shall be paid to the chamberlain of said 
city. 

§ 9. All acts or parts of acts inconsistent with, or con- Repeal. 
trary to the provisions of this act, are hereby repealed. 



46 



The Game Laws of the 



APPOINTMENT OF FISH AND GAME PROTECTORS. 



Chapter 591 of the Laws of 1880, as amended by 
chapter 317 of the Laws of 1883, entitled 

"AN ACT for the appointment of Game and Fish Pro- 
tectors," passed June 26, 1880. 



Game pro- 
tectors. 



Number of. 



May bring 
actions. 



Terms of 
office. 



Vacancies. 



District at- 
torney. 



Witnesses' 
fees and dis- 
bursements. 



Section 1. The governor is hereby authorized, upon the 
passage of this act, to appoint eight, and he may in his 
discretion increase the number of said appointments to 
sixteen persons, to be known as game and fish protectors, 
whose duty it shall be to enforce the statutes for the preser- 
vation of moose, wild deer, birds and fish, or any other 
game laws, and to bring, or cause to be brought, actions and 
proceedings in the name of the people of the State, to 
recover any penalties or amounts, or to punish any parties 
for the violation of said statutes or laws. Such actions 
may be brought in the name of the people in the like cases, 
in the same courts and under the same circumstances as 
they might now or may hereafter be brought by any indi- 
vidual under or by virtue of any existing or hereafter 
enacted statute, for the protection of deer, game and fish, 
or any of them. Such protectors and their successors, 
who shall be appointed by the governor, shall hold office 
for three years from the date of their appointment. All 
vacancies shall be filled by the governor. The district 
attorney of any county of this State shall, upon the request 
of any one of such protectors, commence and prosecute to 
termination, in the name of the people, actions and pro- 
ceedings against any person reported to him by such pro- 
tector to have violated any such statute or laws, for the 
recovery of the penalty for violation thereof, or for the 
punishment of the person violating the same. Witnesses' 
and other fees and disbursements and full costs shall 
be included in any judgment in favor of the people at 
the rates fixed by section three thousand two hundred and 
fifty-one of the Code of Procedure, without reference to 
the amount of recovery. All money necessary for wit- 
nesses' fees and disbursements in any such action shall, on 
the requisition of the district attorney, be advanced by, and 
all moneys, except costs, which shall belong to the district 



State of New York. 47 

attorney, recovered in any action, and all fines collected 
shall be paid to the treasurer of the county in which the 
actions or proceedings shall have been commenced; and the 
district attorney or treasurer of such county, upon the pay- 
ment of any judgment, may satisfy the same of record, as the Recoveries, 
attorney for the people. One-half of all moneys thus paid how dmded - 
into any county treasury, over and above the amount neces- 
sary to reimburse the county for any outlays or expenses 
paid out by the county treasurer under this act, shall be 
paid on or before the thirtieth day of September in each 
year into the State treasury, and become and be part of the 
general fund. And the remaining one-half of all such 
moneys, over and above the amount necessary to reimburse 
the county for any outlays or expenses paid out by the 
county treasurer, under this act, shall be paid to and belong 
to the game and fish protectors who bring, or cause to be 
brought, the action or proceeding in which such fine or pen- 
alty shall be recovered, and shall be paid to him by the 
county treasurer within thirty days after the same shall be 
received by him from the district attorney, upon the certi- 
ficate of the district attorney that such action or proceed- 
ing was brought, or caused to be brought, by such game 
and fish protector. (Chap. 317, sec. 1, Laws 1883.) 

§ 2. Ajiy net, pound or other means or device for taking Nets, etc. 
or capturing fish, or whereby they may be taken or cap- ™ r a v y ]g dc ' 
tured, set, put, floated, had, found or maintained in or upon 
any of the waters of this State, or upon the shores of or 
islands in any of the waters of this State, in violation of 
any existing or hereafter enacted statutes or laws for the 
protection of fish, is hereby declared to be and is a public 
nuisance, and may be abated and summarily destroyed by 
any person, and it shall be the duty of each and every pro- 
tector aforesaid, and of every game constable, to seize and 
remove and forthwith destroy the same, and the expense of 
any seizure, removal and destruction of such net, pound or 
other means or device as aforesaid, shall be a county charge 
against the county in which the same shall have been so 
seized, and shall be paid as other county charges are paid, 
on the certificate, which shall be final, of such protector, 
which certificate shall state the time and place of such 
seizure and destruction, the names of the persons employed 
therein, the time spent thereabout, and the money advanced, 
if any, and to whom, and shall be verified by the oath of 
such protector or person as aforesaid making such seizure 
and destruction ; and no action for damages shall lie or be 
maintained against any person for or on account of any 
such seizure or destruction. (Sec. 2, chap. 317, Laws 1883.) 



48 The Game Laws of the 

without § 3 - Th e sa ^ Protectors, or any one of them, may, without 

warrant. warrant, arrest any person violating any of the provisions 
of any statute now or hereafter enacted and in force at the 
time for the protection of moose, wild deer, birds and fish, 
or any of them, and take such person before a justice of 
the peace or police justice, or other magistrate having jur- 
isdiction, who shall proceed without delay to hear, try and 
determine the matter, and give and enforce judgment 
according to the allegations and proofs. (Sec. 3, chap. 591, 
Laws 1880.) 
salary and § 4. The traveling expenses, not to exceed two hundred 
expenses. an( j fifty dollars f or each of said protectors in any one year, 
to be audited by the comptroller of this State before pay- 
ment, and an annual salary of five hundred dollars, shall 
be paid to each protector by the treasurer of the State, out 
of any moneys not otherwise appropriated. (Sec. 4, chap. 
591, Laws 1880.) 
Game pro- §3. It shall be the duty of each of the several game and 
tectors to fi s h protectors appointed or who may be appointed under 
this act, to file in the office of the State comptroller, during 
the month of December in each year, an account stating 
the days and parts of days spent in the discharge of his 
duty as such protector, the kind of service rendered on 
such days or parts of days, and the place or places where 
rendered, and the expenses paid or incurred in the time of 
the discharge of such duties ; which statement shall be 
verified by the oath of such protector, stating that the 
same is correct and true in every particular. (Sec. 3 of 
chap. 317, Laws 1883.) 
Game protec- § 4. For the purpose of the more effectual enforcement 
pervisSof 11 ' of the provisions of this act, the game and fish protector 
shall be subject to the supervision and direction of the 
commission of fisheries, who shall divide the territory of 
the State into protection districts, and shall assign to each 
protector his district, and shall have authority also, to 
assign for temporary duty in any district, a protector from 
Reports. any other district. The said commissioners shall require of 
each protector, at the close of each calendar month, a report 
in writing, and in detail, stating the service performed by 
each protector during the last preceding month, including 
an account of the suits commenced at his instance, the dis- 
position made of such suits, the result of any brought to 
trial and the condition of any undisposed of ; and no pay- 
ment for services performed, or traveling expenses paid by 
any protector shall be made until the claimant shall pre- 
sent to the comptroller, in addition to the usual oath of 
performance and payment, a certificate from the said com- 



commission- 
ers of fisheries 



State of New York. 49 

missioners that he has made the report required by this 
act, and has in all other respects faithfully performed his 
official duty. The commissioners of fisheries shall report 
to the governor all cases of dereliction or neglect of duty 
of any protector which shall come to their knowledge, 
together with such evidence as they may have touching 
the case, and the governor shall have authority to remove Removal oi. 
from office any protector so reported to be delinquent, after 
giving him an opportunity to be heard in his defense. 
(Sec. 4 of chap. 317, Laws 1883.) 



COMMISSIONERS OF FISHERIES. 



Chap. 285, Laws 1868, as amended. 

AN ACT to appoint Commissioners of Fisheries for the 
State of New York. 

Section 1. A commission of fisheries for the State of 
New York is hereby established. 

§ 2. It shall be the duty of the commissioners to exam- Duty of to 
ine the various rivers, lakes and streams of the State of New JStcheries. 
York, and the waters adjoining the same, with a view of 
ascertaining whether they can be rendered more productive 
of fish, and what measures are desirable to effect this object, 
either in restoring the production of fish in them, or in 
protecting or propagating the fish that at present frequent 
them, or otherwise ; and such commissioners shall report 
the result of their labors, and any recommendations they 
may have to offer, at the next meeting of the Legislature of 
this State. (Chap. 285, Laws 1868.) That it shall be the 
duty of the commissioners, in addition to the duties im- 
posed upon them by said act, to establish the artificial 
propagation of shad, white fish and salmon trout, in the 
waters of this State, at such point or points as they may 
select, and to employ the necessary labor to conduct the 
same, and to take such other steps toward improving the 
fisheries of this State as they shall think advisable, at an 
expense in all, however, not exceeding the sum hereby ap- 
propriated. (Added by chap. 567, Laws 1870.) It shall beExamin 
the duty of the commissioners of fisheries of the State of streams - 
New York, to examine the streams of water in the various 
counties of this State and to take reasonaola steps for the 
4 



50 



The Game Laws of the 



Commission- 
ers named. 



Vacancies. 



Salary, 



Commission- 
ers from 
Kings, 
Queens and 
Suffolk. 



Shad. 



Penalty. 



Suits and 
penalties. 



propagation of trout, in such streams as in their judgment 
can be rendered more productive. (Added by chap. 309, 
Laws 1879, § 1.) 

§ 3. Horatio Seymour, Seth Green and Robert B. Rose- 
velt are appointed commissioners under this act, to hold 
office for two years, and a sum of one thousand dollars is 
appropriated for their necessary expenses in carrying this 
act into effect, which the treasurer shall pay to them on 
the warrant of the comptroller, from time to time, as their 
voucher for such expenses shall be exhibited and ap- 
proved. (Sec. 3 of chap. 285, Laws 1868.) All vacancies 
occurring in said commission shall be filled by the governor 
of the State, and the term of office is hereby extended three 
years, the commissioners being required to report yearly 
on the condition of the fisheries of the State, and the mat- 
ters under their charge. (Sec. 2 of chap. 567, Laws 1870.) 
The fishery commission of the State of New York, created 
by act passed April twenty-second, one thousand, eight 
hundred and sixty-eight (Laws 1868, chap. 285), is continued 
with the powers conferred upon them by the said act. 
The commissioners to receive no salary, and to expend only 
such sums as have heretofore been appropriated or shall 
hereafter, from time to time, be appropriated for such pur- 
pose. (Sec. 1 of chap. 74 of the Laws of 1873.) The gov- 
ernor is authorized to appoint a resident of the counties of 
either Kings, Queens or Suffolk an additional member of 
the commissioners of fisheries of the State of New York, 
and to supply his place, should a vacancy occur therein, as 
provided in chapter 567 of the Laws of 1870. (Sec. 2 of 
chap. 309 of the Laws of 1879.) 

§ 3. No person shall take from the Hudson River any 
shad at any other time than between the fifteenth day of 
March and the fifteenth day of June in each year, and every 
person who shall at any other time, take any shad, or 
set or draw any net or seine in said river, or aid or assist 
therein, for the purpose of taking shad, shall forfeit the 
sum of one hundred dollars to the treasury of the State, 
and their nets shall be confiscated ; provided that nothing 
in this section shall apply to taking of fish by orders of 
the commissioners for the purpose of artificial or natural 
propagation of the same, or when the parties, authorized 
to take fish contrary to the provisions hereof, have stipu- 
lated to hatch fish under the directions of the commis- 
sioners. (Sec. 3 of chap. 567, Laws 1870.) 

§ 5. All penalties imposed under the provisions of this 
act may be recovered, with costs of suit, by the commis- 
sioners of fisheries in their official name, or by any person 



State of New York. 51 

or persons in his or their own names, by snit in the supreme judgments, 
court or any court of record in this State. On the non- forced 1 " 
payment of any judgment, when recovered in pursuance 
hereof, the defendant shall be committed to the common 
jail of the county, for the period which shall be computed 
at the rate of one day for each dollar of the amount of the 
judgment. (Sec. 5, Laws of 1870, chap. 567.) 

§ 6. When any pound, weir, or net is liable to be confis- Nets to be 
cated under any provisions of this act, it shall be the duty confiscated - 
of the commissioners either to take possession of the same 
and employ the necessary agents therefor, subject to an 
action against them in their official capacity, by any claim- 
ant or claimants, on the ground that the same was not 
liable to confiscation, or they may institute a suit in the 
Supreme Court, or any court of record, for the confiscation 
of said pound, weir or net, in which case the said court 
may issue a warrant directing the sheriff to attach and 
safely hold such pound, weir or net, until said action shall 
be determined, and the suit shall be tried and judgment suits, 
rendered according to the practice usual in cases of an 
analogous character. (Sec. 6, Laws 1870, chap. 567.) 



FOEEST PRESERVE. 

Chap. 283, Laws 1885. 

AN ACT to establish a forest commission, and to define its 
powers and duties and for the preservation of forests. 

Passed May 15, 1885. 

§ 7. All the lands now owned or which may hereafter be Forest 
acquired by the State of New York, within the counties of P reberve - 
Clinton, excepting the towns of Altona and Dannemora, 
Essex, Franklin, Fulton,. Hamilton, Herkimer, Lewis, 
Saratoga, St. Lawrence, Warren, Washington, Greene, 
Ulster and Sullivan, shall constitute and be known as the 
forest preserve. 

§8. The lands now or hereafter constituting the Forest J°^ kept ab 
Preserve shall be forever kept as wild forest lands. They 
shall not be sold, nor shall they be leased or taken by any 
person or corporation, public or private. 



52 



The Game Laws of the 



Chap. 562, Laws 1887. 

AN ACT to establish parks for the propagation of deer 
and other game upon lands belonging to the State situ- 
ated in the Catskill regions. 



Parks in 
Catskills. 



Ru 



Purchase of 
game. 



Section 1. The Forest Commission is hereby authorized 
and directed to set apart tracts of land not exceeding three 
in number of such size as they may deem proper belonging 
to the State in the Catskill region, now constituting a part 
of the Forest Preserve, for the purpose of breeding of deer 
and wild game. 

§ 2. Said Forest Commission may establish all proper 
rules for the protection of said land and game therein. 

§ 3. Said Commissioners are authorized to purchase and 
turn out upon such land such deer or other game as they 
may think proper. 
r?v°e yeaJs ngfor § 4. No game shall be killed or pursued, trapped or in any 
way destroyed within the limits of said lands so set apart 
for a period of five years. 

§ 5 . The sum of five thousand dollars is hereby appropri- 
ated to be paid by the Comptroller, at such time and such 
amount as the commissioners may desire for the purposes 
of this act, and the commission is authorized to receive 
private subscriptions and expend the same for such pur- 
poses. 



BOARDS OF SUPERVISORS. 



Supervisors. 



To make 
regulations. 



Section 40 of the G-eneral Game Laws of 1879 repealed all 
acts or parts of acts inconsistent therewith, reserving, 
however, among others, ' ' the laws conferring upon boards 
of supervisors special powers to legislate for the protection 
of fish, birds and game." 

The laws conferring these powers on boards of supervis- 
ors generally are as follows : 

Chapter 194 of the Laws of 1849, vesting certain legisla- 
tive powers in boards of supervisors, reads as follows : 

" § 4, subd. 13. — To make such laws and regulations as 
they may deem necessary, and provide for the enforcing of 
the same, for the destruction of wild beasts, * * * * 
and to provide for the protection of all kinds of game, of 
shell and other fish within the waters of their respective 
counties." * * * 

(This act was declared constitutional in Smith, Super- 
visor of North Hempstead v. Levinus, 8 N. Y., 472). 



State of New York. 53 

Laws 1875, chap. 482, conferring further legislative pow- 
ers upon boards of supervisors, provides that, among others, 
they are empowered to pass laws. 

"§16. To provide for the protection and preservation, To provide 
subject to the laws of this State, of game, animals and protectloru 
birds, and of fish and shell fish in , all waters within the 
territorial jurisdiction of the county, and to prescribe and 
enforce the collection of penalties for the violation of any 
laws or regulations they may make pursuant to the provis- 
ions of this subdivision." 

(This section and subdivision 13 of section 4 of chapter 
194 of the Laws of 1849 are to be read together). 

For other powers of supervisors and boards of supervisors 
in the premises, see sections 31, 37, 38 and 40 of chapter 534 
of the Laws of 1879, (General Game Laws), as amended, 
hereinbefore set forth, and section 2 of chapter 591 of the 
Laws of 1880, as amended by chapter 317 of the Laws of 
1883, (appointment of game protectors). See also chapter 
556, Laws of 1885, limiting their powers as to Chautauqua 
lake. 



PENAL CODE. 

Section 433. — Using net or weir unlawfully in Hudson using net or 

» -> u , ■ /» • j j ■ weir unlawful- 

river.— A person who uses any net or weir for setting or i y in Hudson 
attaching nets or a pole or other fixtures in any part of the rlver- 
Hudson river, except as permitted by statute, is guilty of a 
misdemeanor. 

§ 265. — Public sports on Sunday. — All shooting, hunt- Sunday. 
ing, fishing, playing, horse-racing, gaming or other public 
sports, exercises or shows upon the first day of the week, 
and all noise disturbing the peace of the day are prohibited. 
(See sec. 32 of chap. 534, Laws 1879, p. 35.) 

§ 269.— Penalty. — Sabbath breaking a misdemeanor, pun- Penalty. 
ishable by a fine not less than five dollars and not more than 
ten dollars, or by imprisonment in a county jail not exceed- 
ing five days, or by both. But for a second or other offense, 
where the parties have been previously convicted it shall 
be punishable by a fine not less than ten dollars and not 
more than twenty dollars, and by imprisonment in a county 
jail not less than five nor more than twenty days. 

§ 640, subd. 10. — To kill, wound or trap any bird, deer, Killing birds, 
squirrel, rabbit or other animal within the limits of any t£j. "" 
cemetery or public burying ground or of any public park 
or pleasure ground, or to remove the young of such ani- 
mals, or eggs of such birds, or knowingly to purchase the 



in ceme- 



54 The Game Laws of the 

same, is a misdemeanor, punishable by imprisonment not 
exceeding six months, or a fine not exceeding two hundred 
and fifty dollars, or both. 
Punishment of § 15. A misdemeanor, where no special punishment is 

misdemeanor. «i t • • i i i l ■ • 1 • -i 

prescribed, is punishable by imprisonment m a peniten- 
tiary or county jail for not more than one year, or by a fine 
of not more than five hundred dollars or both. 



NEW YOEK CITY GAME LAWS. 

Special and local laws affecting fish, game and birds in 
New York city can be found in the Consolidation Act of 
1882, chapter 410, Laws of 1882, at sections 736, 737, 738, 
739 and 743, relating to fish, fishing, nets, fykes, poles, etc., 
and providing penalties for illegal fishing and netting, con- 
trary to its provisions. 

Section 2025 relates to song birds in New York city, pro- 
hibits their killing, etc., and regulates their having in pos- 
session.* 
warrants, etc. Section 1306 authorizes any justice of a district court to 
issue, under certain restrictions, warrants of arrest and 
search warrants under the game laws of this State. 



LOCAL ACTS. 

Chap. 185, Laws of 1884. 

AN ACT for the better protection of game in Richmond 

county. 

required of Section 1. From and after the passage of this act, it 
non-resident shall not be lawful for any non-resident of the county of 
Richmond to shoot game in any of the towns of said county 
without having first obtained from a justice of the peace, 
living in said county, a license for the privilege of so doing. 
The fee for such license, which shall be good only during 
the year in which it is granted, shall be ten dollars, and 
shall be granted as of course by the justice applied to, 
unless he has proof that the applicant has been convicted 
of a violation of this act. 
License. § 2. The money so received by said justices of the peace 

* See chap. 427, Laws 1886 — for protection of song birds, etc. 



State of New York. 55 

for such license fees shall be paid by them monthly to the 
treasurer of said county of Eichmond. 

§ 3. Any person violating any of the provisions of this 
act shall, upon conviction, be fined not less than ten nor 
more than twenty-five dollars. 



Chap. 485, Laws of 1885. 

AN ACT relating to game in the counties of Queens and 

Suffolk. 

Section 1. No person shall kill, or have in possession Partridge, 
after the same has been killed, in the counties of Queens Suffolk Sim- 
and Suffolk, any ruffed grouse, commonly called partridge, ties - 
from the first day of January to the first day of November 
in each year, under a penalty of twenty-five dollars for 
each bird or animal so killed or had in possession. 

§ 2. No person shall, in said counties, kill or have in pos- ^ s ™p£ 
session any bay snipe, sandpiper, shore bird or plover from p over ' etc ' 
the first day of January to the tenth day of July in any 
year, or any rail bird or meadow hen from the first day of 
January to the first day of September in any year, under a 
penalty of ten dollars for each bird so killed or had in pos- 
session. 

§ 3. All penalties imposed by this act may be recovered, Penalties. 
with costs of suit, as fixed by the Code of Civil Procedure, 
by any person in his own name, or by any incorporated 
society in its name, before any justice of the peace in the 
county where the offense was committed, or in any adjoin- 
ing county, where the amount recovered does not exceed 
the jurisdiction of said justice, and such penalties may be 
recovered in the like manner in any court of record in said 
counties. 

§ 4. Any person violating any of the provisions of this Misdemeanor. 
act shall be deemed guilty of a misdemeanor, and, upon 
conviction, shall be punished by a fine of not less than five 
dollars, or of not more than at the rate of one day for every 
dollar of the penalty provided by the section so violated, or 
by imprisonment in the county jail or penitentiary for a 
period of not less than five days nor more than at the rate 
of one day for every dollar of any such penalty, or by both 
such fine and imprisonment in the discretion of the court. 



56 The Game Laws of the 

Chap. 247, Laws 1886. 

AN ACT to protect wild goose, duck, brant, teal, coot, 
dipper and greebe in Chautauqua county. 

wad goose, Section 1. No person shall kill, shoot, hunt or pursue 
qu C a'cou h nty. au * any wild goose, duck, brant, teal, coot, dipper or greebe in 
Chautauqua county between the first day of February and 
the first day of September in each year. Any person or 
persons found guilty of violating this act shall be punished 
by a penalty of twenty-five dollars or thirty days in county 
jail, or both, as the court may determine. All actions for 
penalties for violation of this act may be made before a 
justice of the peace or any court having jurisdiction in 
Chautauqua county. The money collected under this act 
shall be divided equally between the poor fund of the 
county and the person or persons making the complaint. 

§ 2. All acts or parts of acts inconsistent with this act are 
hereby repealed. 



Chap. 395, Laws 1886. 

AN ACT prohibiting the killing of quail and ruffed grouse, 
commonly called partridge, within the county of Niagara, 
for the period of three years from and after the passage 
of this act. 

Section 1. No person shall, at any time for the period of 
three years, from and after the passage of this act, within 
the county of Niagara, kill, trap or snare any quail or 
ruffed grouse, commonly called partridge, under a penalty 
of twenty-five dollars for each quail or ruffed grouse so 
killed, trapped or snared. Any person offending any of the 
preceding provisions of this section shall be deemed guilty 
of a misdemeanor, and shall be prosecuted as directed in 
section thirty- three of chapter five hundred and thirty-four 
of the Laws of eighteen hundred and seventy-nine, for the 
preservation of moose, wild deer, birds, fish and other 
game, passed June twentieth, eighteen hundred and 
seventy-nine. 



Chap. 430, Laws 1886. 

AN ACT for the protection of game in the counties of Chau- 
tauqua and Cattaraugus. 

Section 1. No person shall ship, transfer or take, with- 



State of New York. 57 

out the counties of Chautauqua or Cattaraugus, any ruffed shipping, etc., 
grouse, commonly called partridge, woodcock, snipe or S^nty!" ° 
plover, for the purposes of sale or trade, the same having 
been taken or killed within either of said counties. 

§ 2. Any person violating any of the provisions of this Penalty. 
act shall be deemed guilty of a misdemeanor, and, upon 
conviction, shall be punished for each and every bird so 
shipped, transferred or taken without the bounds of said 
counties for the purpose of sale or trade, by a fine of not 
less than twenty -live dollars, nor more than one hundred 
dollars, or by imprisonment in the county jail or peniten- 
tiary for a period of not less than twenty -five days nor 
more than at the rate of one day for every dollar of any 
such penalty, or by both such fine and imprisonment in the 
discretion of the court. 

| 3. All penalties imposed by this act may be recovered Recovery. 
with costs of suit, as fixed by the Code of Civil Procedure, 
by any person in his own name, or by any incorporated 
society in its name, before any justice of the peace in said 
county, or in any adjoining county where the amount 
recovered does not exceed the jurisdiction of said justice, 
and such penalties may be recovered in like manner in any 
court of record in said county. 



Chap, 542, Laws 1886. 

AN ACT in relation to the shooting of quail upon Eobins 

Island. 

Section 1. The shooting of quail upon Eobins Island inQuaii, row 
the county of Suffolk, so long as such island remains the Island " 
property of the Eobins Island Club, shall be permitted to be 
done by the members of that club and their guests on and 
after the fifteenth day of October in each year, and until 
the first day of February in the year following. 



Chap. 416, Laws 1881. 

AN ACT to exempt the waters of Otsego lake from the 
provisions of sections eighteen, twenty and twenty-three 
of chapter five hundred and thirty-four of the Laws of 
eighteen hundred and seventy-nine, entitled ' 'An act for 
the preservation of moose, wild deer, birds, fish and other 



The Game Laws of the 

game, and from the provisions of said section twenty- 
three as amended by chapter four hundred and thirty-one 
of the Laws of eighteen hundred and eighty — repealing 
section eight of chapter four hundred and thirty-one of 
the Laws of eighteen hundred and eighty — and for the 
protection and preservation of fish in the waters of Otsego 
lake." 

Section 1. The waters of Otsego lake, in the county of 
Otsego, are hereby excepted from the provisions of sections 
eighteen, twenty and twenty-three of chapter five hundred 
and thirty-four of the Laws of eighteen hundred and sev- 
ty-nine, and from the provisions of said section twenty- 
three as amended by section one of chapter five hundred 
and thirty-one of the Laws of eighteen hundred and eighty. 

********* 

§ 3. Until the board of supervisors of the county of Otsego 
shall, under and in pursuance of section thirty-seven of 
chapter five hundred and thirty-four of the Laws of eighteen 
hundred and seventy-nine, make provisions for the protec- 
tion and preservation and regulating the taking of fish from 
the waters of said Otsego lake, no person shall kill or catch 
or attempt to take, kill or catch any fish in the waters of 
Otsego lake in any manner or with any device except 
angling with hook and line held in hand. Any person 
violating the provisions of this section shall be deemed 
guilty of a misdemeanor, and, in addition thereto, shall be 
liable to pay a penalty of one hundred dollars for each and 
every offense, to be recovered as provided in section thirty- 
three of chapter five hundred and thirty-four of the Laws 
of eighteen hundred and seventy-nine, and as provided in 
chapter ^ve hundred and thirty-one of the Laws of eighteen 
hundred and eighty. 



Chap. 247, Laws 1884. 

AN ACT for the preservation of fish in the Hudson river. 

Section 1. No person shall draw or use any seine, or 
catch or kill any fish by means of any seine in any of the 
waters of the Hudson river contained between any trestle 
or bank of any railroad running along said river and the 
adjacent bank of said river. And any person violating any 
of the provisions of this section shall be deemed guilty of a 
misdemeanor. 



State of New York. 
Chap. 522, Laws 1886. 

AN ACT to prohibit the use of pound nets and purse nets 
in the Hudson river, between the first day of June and 
the fifteenth day of October. 

Section 1. No pound net or purse net shall be used or Pound 
set in the waters of the Hudson river, from the first day of pursen 
June until the fifteenth day of October in each and every 
year. 

§ 2. Any person violating the provisions of this act shall 
be deemed guilty of a misdemeanor. 



Chap. 226, Laws 1886. 

AN A.CT to regulate fishing in the town of Saugerties, 

Ulster county. 

Section 1. Any person having in his or her possession on Fishing 
the shores, banks or waters of the Esopus creek, in the Saugerties 
town of Saugerties, above the dam at the village of Sauger- 
ties, or the shores, banks or waters of any lake or stream 
of water in said town of Saugerties, other than the Hudson 
river and the Esopus creek below the dam, at said village 
of Saugerties, at any time, any snare net, set-line, fike, pot 
or other devices of any kind used in taking fish, except 
hook and line held in the hand or attached to fishing-rods, 
shall be deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five dollars, 
to be sued for and recovered by the game constable of said 
town of Saugerties. 

§ 2. The taking of minnows for bait by scap-nets in the Exception 
Esopus creek proper is not intended to be prohibited by 
this act. 



Chap. 407, Laws 1887. 

AN ACT for the preservation and propagation of shad in' 

the Hudson river. 

Passed May 19, 1S87. 

Section 1. No person shall take any shad from the waters 
of the Hudson river, above the northern boundary line of 



60 



The Game Laws of the 



Catching of 

shad 

regulated. 



Westchester county, by means of any seine, net or other 
device whatever, from sunset on Saturday to sunrise on the 
following Monday, between the fifteenth day of March and 
the fifteenth day of June in each year. And any person vio- 
lating any of the provisions of this section shall be deemed 
guilty of a misdemeanor, and, in addition thereto, shall be 
liable to a penalty of fifty dollars for each offense. 



Chap. 556, Laws 1885. 

AN ACT to prevent the taking of fish from the waters of 
Chautauqua lake, by other means than angling. 



Fishing in 
Chautauqua 
lake 
regulated. 



Nets, etc., 
unlawful. 



Penalty. 



Recovery of. 



Section 1. No person shall at any time kill in Chautua- 
qua lake, or take from the waters thereof, any fish of any 
kind, except as taken by the commissioners of fisheries for 
the purpose of artificial propagation or the stocking of 
other waters by any device or means whatever, otherwise 
than by hook and line. 

§ 2. No person shall have in his or her possession, at any 
time, in or upon the ice or waters of Chautauqua lake, any 
trap or pound net, stake poles, fish house, spear, instrument 
or device of any kind which may be used for killing or 
taking fish except a hook and line. 

§ 3. Any person violating this act shall be guilty of a 
misdemeanor, and liable to a penalty of fifty dollars for 
each offense. 

§ 4. All penalties imposed by this act may be recovered 
with costs of suit before any justice of the peace in any 
town bordering on Chautauqua lake or in a court of record 
in Chautauqua county. The district attorney of said county 
is hereby required to commence action in the name of the peo- 
ple of the State of New York, for the recovery of the penalties 
hereby allowed, immediately upon receiving proper infor- 
mation of the violation of this act; and any penalty so re- 
covered in a court of record shall be paid to the superin- 
tendent of the poor of said county for the benefit of said 
county poor. One-half of the penalty recovered under this 
act before any justice of the peace shall belong to the per- 
son giving information upon which the action is brought, 
and the other one-half shall be paid to the supervisor of the 
town in which the action is brought, for the use of said 
town. All judgments for penalties recovered under this 
act, with the interest thereon, may be collected and pay- 
ment enforced thereon by execution, and in case of failure 



State of New York. 61 

to pay the same or any part thereof, the person on whom 
snch penalty is imposed shall be committed to the county 
jail of said county for a period of not less than ten days, 
and at the rate of one day for every dollar thereof. Such 
imprisonment shall not be a satisfaction for such judgment. 
All charges under this act when made before a justice of the 
peace shall be a town charge; when in a court of record, a 
county charge. 

§ 5. That portion of chapter four hundred and eighty -two £° t ^ ct ™f ed 
of the laws of the State of New York, passed eighteen acts repea 
hundred and seventy-five, and chapter one hundred and 
twenty-two of the Laws of New York, passed eighteen 
hundred and seventy-eight, and all other acts or parts of 
acts as are inconsistent or conflicting with this act, relative 
to the taking of fish from Chautauqua lake, or relative to 
the powers conferred upon the board of supervisors to reg- 
ulate such taking of fish from Chautauqua lake, are hereby 
repealed. 



Chap. 395, Laws 1887. 

AN ACT to prohibit catching or killing fish during certain 
seasons of the year in the county of Steuben. 

Section 1. It shall be unlawful for any person to catch, fj^ e g n in 
kill or expose for sale or have in possession after the same county. 
has been caught or killed, any speckled trout, brook trout, 
or California trout, in the county of Steuben, only from the 
first day of May to the first day of August in each year. 

§ 2. No person shall shoot or spear any fish in the Cohoc- 
ton river, or any of its tributaries within the county of 
Steuben, from the first day of April to the first day of July 
in each year. 



Chap. 603, Laws 1886. 

AN ACT for the better protection of fish in Lake Cham- 
plain, its bays and tributaries. 

Section 1 . No person or persons shall catch or kill, or Fishing in lake 
attempt to catch or kill, any fish of any kind in all that regulated - 
part of Lake Champlain, its bays or tributaries, lying or 
being between the south end of said lake, in the town of 
Whitehall, Washington county, and Chimney Point, in 
Essex county, with any set line, seine, gill net, hook net, 



62 The Game Laws of the 

fyke net, pound net, or net of any kind whatsoever, except 
for catching minnows for bait, at any time of the year. 

« r S t S aln S fis n h 0f § ^' Neither shall any person or persons have in his, her 
or their possession any muscalonge, black or Oswego bass, 
pike or pickerel, between the first day of January and the 
fifteenth day of June in any year. 

Penalties. § 3. Any person or persons violating any of the provisions 

of this section or any of the above sections, shall be guilty 
of a misdemeanor, and upon conviction thereof shall be sub- 
ject to a fine of one hundred dollars for each and every net 
of any kind so used, and in addition thereto shall pay the 
sum of five dollars for each and every fish caught in any 
net, or had in possession, contrary, to the provision of this 
act, or imprisoned in the county jail at hard labor for a 
period not to exceed one day for each dollar of penalty, 
with costs imposed. 

Disposition of. g 4. The above penalties to be paid to the county treas- 
urer of the county in which the offense was committed, 
and one-half of the above penalties shall be paid by the 
county treasurer to the complainant on an order from the 
court before whom the same was tried and adjudged. 

J u u s r t ^ s ction of § 5. Any justice of the peace shall have power and au- 
thority to impose fines and imprisonments for violation of 
any of the above sections, even if said penalty exceed the 
limits of the justice court. 

Game Li § 6. The game constables elected in either Washington 

or Essex counties shall have power and authority to arrest, 
with or without warrant, and bring before the most con- 
venient justice of the peace, in the county where arrested, 
any person or persons found violating any of the foregoing 
sections. 



constables. 



Chap. 334, Laws 1886. 

AN ACT to regulate the maintenance and construction 
of eel weirs in the Oneida river. 

Eei weirs. Section 1. It shall be lawful to build and maintain in 

the Oneida river eel weirs of which the lath are not less 
than one-half an inch apart. 

§ 2. All acts and parts of acts inconsistent with the pro- 
visions of this act are hereby repealed. 



State of New York. 63 

Chap. 141, Laws 1886. 

AN ACT to prevent taking fish from the waters of Lake 
Ontario adjacent to the shore of Jefferson county, or from 
the inland waters of said county, by other means than 
angling. 

Section 1. No person shall at any time kill or take from Fishing, Hen- 
the waters of Henderson bay or Lake Ontario within one derson bay - 
mile from the shore between the most westerly point of 
Pillar Point and the boundary line between the counties of 
Jefferson and Oswego, or within one mile from the shore 
of any island in Lake Ontario which is part of Jefferson 
county, except Grenadier Island and Fox Island or from Exceptions. 
the waters of any creek, lake or river, or inland waters in 
the county of Jefferson, any fish of any kind by any devise 
or means whatever, otherwise than by hook and line or rod 
held in hand. But this section shall not apply to or pro- 
hibit the catching of minnows for bait, provided the person 
using nets for that purpose shall not set them and shall 
throw back any trout, bass or other game fish taken, and 
keep only chubs, dace, suckers, or shiners. 

§ 2. Any person violating any of the provisions of this Penalty. 
act shall be guilty of a misdemeanor and liable to a penalty 
of fifty dollars for each offense. 

§ 3 All penalties imposed by this act may be recovered Recover y- 
with costs of suit before any justice of the peace or in any 
court of record in Jefferson county. The district attorney 
of said county is hereby required to prosecute actions in 
the name of the people of the State for the recovery of the 
penalties hereby imposed immediately upon receiving 
proper information of the incurring of a liabilitity to pay 
said penalty. Any penalty so recovered in a court of 
record or before a justice of the peace shall be paid as fol- 
lows : One-half thereof to the person informing the district 
attorney, and one-half to the superintendent of the poor of 
said county, for the benefit of the county poor. All costs 
or charges incurred in any such prosecutions shall be a 
county charge. 



Chap. 366, Laws 1887. 

AN ACT to prevent taking fish from the waters of Lake 
Ontario adjacent to the shore of Cape Vincent by other 
means than angling. 

Section 1. No person shall at any time kill or take from 



64: The Game Laws of the 

Fishing in the waters of Lake Ontario, within one mile from shore 
r L egu1at2r ano between Tibbets Point at the mouth of the St. Lawrence 
river and the boundary line between the towns of Lyme 
and Cape Vincent in the county of Jefferson, or within one 
mile from the shore of Grenadier Island or Fox Island, any 
fish of any kind by any device or means whatever other- 
wise than by hook and line or rod held in hand. But this 
section shall not apply to or prohibit the catching of min- 
nows for bait provided the person using nets for that pur- 
pose shall not set them and shall throw back any trout, 
bass or other game fish taken, and keep only chubs, dace, 
suckers, or shiners. 
Penalty g 2. Any person violating any of the provisions of this 

act shall be guilty of a misdemeanor and liable for the 
penalty of fifty dollars for each offense ; which shall be 
collected in the same manner as provided by section three 
of chapter one hundred and forty-one of the laws of eighteen 
hundred and eighty-six. 



Chap. 590, Laws 1886. 

AN ACT to prevent taking fish by net in the waters of the 
Cattaraugus creek and its mouth. 

Nets mama- Section 1. No person shall set or draw any net or seine 
raugus cree . .^ Q a ^ a raugus creek or within eighty rods of its channel 
into the lake, or take any fish by such means between the 
fifteenth day of May and the first day of November. 

§ 2. No person shaU by any net or device willfully 
obstruct the channel of said creek so as to prevent the pas- 
sage of fish therein. Fishing with hook and line permitted 
in the waters mentioned herein. 
Penalty. § 3. Any person violating the provisions of this act shall 

be guilty of a misdemeanor, and, in addition thereto, liable 
to a penalty of fifty dollars for each offense, to be recovered 
in the name of the people of this State in any court having 
jurisdiction thereof. And it shall be the duty of the dis- 
trict attorney of the county in which such offense is com- 
mitted, on being informed of the fact, to prosecute for the 
recovery of such penalty, and the recovery after paying the 
necessary expenses, one-half to be paid to the informer and 
the other half to the treasurer of the county in which such 
recovery is had. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 



State of New York. 65 

Chap. 620, Laws 1887. 

AN ACT to legalize fishing with nets and fykes in certain 
portions of Cayuga lake, and the outlet of Keuka lake. 

Section 1. It shall be lawful at any time to fish with nets Nets in ca yu . 
and fykes and take from the waters of Cayuga lake below f a a ke a s nd Keuka 
Canoga point, about four miles from the foot of said lake, 
and the outlet of Keuka lake, eels, suckers and bull-heads, 
but no other kind of fish. 



FISH PROPAGATION. 



Chap. 523 of the Laws of 1875. 

AN ACT making an appropriation for the purpose of 
restocking the public streams of this State with speckled 
trout and other fish. 

Section 1. The sum of fourteen thousand dollars, or so state 
much thereof as shall be necessary, is hereby appropriated 
out of the general fund to enable the commissioners of 
fisheries of this State to construct on land, to be purchased 
therefor, suitable buildings, fixtures and ponds, for the 
purpose of hatching and rearing speckled trout and other 
fish, to be used in stocking the public streams of this State 
with such fish, and to be distributed for the public benefit 
under such regulations as sush commissioners shall pre- 
scribe. 

§ 2. The said commissioners shall account to the comp- 
troller for all expenditures they may make under the pro- 
visions of this act. 



Chap. 320 of the Laws of 1884. 

AN ACT to establish a fish hatchery in the Adirondack 

forest. 

Section 1. The commissioners of fisheries are hereby Adirondack 
authorized and directed, as soon as possible after the pas- hatchery - 
sage of this act, to erect a fish hatching establishment at 
some convenient point in the Adirondack forest, to be 

5 



The Game Laws of the 

selected by said commissioners, for the purpose of restock- 
ing the lakes and streams of said forest with trout and 
other fish natural to that locality, and stocking such other 
streams as the commissioners may deem necessary. 

§ 2. The treasurer shall pay to the commissioners of 
fisheries, upon the warrant of the comptroller, the sum of 
five thousand dollars, or so much thereof as may be nec- 
essary, which sum is hereby appropriated for the purposes 
of this act. 



Chap. 85, Laws 1885. 

AN ACT to grant the use of certain state lands for the pur- 
poses of the Adirondack fish hatchery. 

Section 1. The lands belonging to this State, known as 
lots number four, five and six, in township twenty of great 
lot number one, Macomb's purchase, in the county of 
Franklin, on which has been located, pursuant to chapter 
three hundred and twenty of the laws of eighteen hundred 
and eighty four, the Adirondack fish hatchery, are hereby 
appropriated to the use of such hatchery ; but no standing 
timber shall be cut on such lots except such as shall be 
needed for building purposes and for fire-wood for such 
hatchery. 

§ 2. The lands mentioned in the first section of this act, 
shall be in the care of the commissioners of fisheries, and 
no person shall be permitted to fish in the waters of Little 
Clear pond, nor in its outlet, nor in any other waters on 
such lands, nor to enter on the same for the purposes of 
fishing without the consent or by the direction of the com- 
missioners of fisheries ; but the said waters shall be held by 
the said commissioners solely as reservoirs for breeding fish, 
and nurseries for young fish, and for experimental purposes 
in the business of fish culture. 

§ 3. Whoever shall violate any of the provisions of the 
second section of this act shall forfeit a penalty of fifty 
dollars for each offense, to be sued for and recovered with 
costs of suit, by the said commissioners, in any court of 
competent jurisdiction in the county of Franklin, and the 
penalties recovered shall be paid into the state treasury. 



State of New York. 67 

Chap. 613, Laws 1887. 

AN ACT to provide for the erection of a fish hatchery at 
Colcl Spring Harbor, and making an appropriation there- 
for. 

Section 1 There shall be appropriated from any funds in coid spring 
the treasury of the State not otherwise appropriated, for ^Jhery. 
new hatchery buildings and improvement of grounds at the 
Cold Spring Harbor station of the commissioners of Fish- 
eries, Ave thousand dollars, or so much thereof as shall be 
necessary, to be expended under the direction of the com- 
missioners of Fisheries, on vouchers to be approved by the 
comptroller ; but no money shall be paid out of this appro- 
priation till a lease of the lands and water rights now occu- 
pied for such hatchery shall be executed to the State, rent 
free, from the owner, for such period as the same may be 
occupied as a public hatchery, which lease, when accepted 
by the commissioners, shall be filed in the office of the Sec- 
retary of State. 



Chap. 293, Laws 1887. 

AN ACT to establish a fish hatchery in the Adirondack 

wilderness. 



Section 1. The commissioners of fisheries are hereby au- 2her" eek 
thorized and directed, as soon as possible after the passage 
of this act, to erect a fish hatching establishment at Mill 
creek, an inlet of Sound lake, Hamilton county, for the 
purpose of restocking the lakes and streams of said forest 
with trout and other fish natural to that locality, and stock- 
ing such other streams as the commissioners may deem nec- 
essarv. 



The Game Laws of the 
FISHWAYS. 



Chap. 252 of the Laws of 1880. 

AN ACT to provide for the construction of fishways in 
the State dams across the Oswego, Oneida and Seneca 
rivers. 

Section 1, It shall be the duty of the superintendent of 
public works of this State, to cause to be constructed and 
maintained, in all the State dams across the Oswego, 
Oneida and Seneca rivers, in such manner as not to injure 
the said dams, fishways at least one foot in depth at the 
edge of the dams, and of proper width to allow all fish 
endeavoring to migrate to the waters of said rivers above 
the dams to pass over the same. The said fishways shall 
be placed at an angle of not more than thirty degrees, and 
extend entirely to the running water below the dams, and 
shall be protected on each side by a gunwale of at least one 
foot in height to confine the waters therein. The said 
fishways shall be constructed under the supervision of the 
superintendent of public works, and be located at such 
places in said dams and built in such manner and of such 
materials as he shall direct. (See chap. 193, Laws 1886, as 
to Oswego and Seneca rivers.) 



Chap. 212 of the Laws of 1862. 

' 'An act to facilitate the ingress of salmon into Cayuga 
lake and for the protection of the same," compels the own- 
ers of dams across the Oswego or other rivers leading from 
the Cayuga lake into Lake Ontario, to erect and maintain 
suitable fishways for the free passage of salmon up said 
river and over said dams to the waters in Cayuga lake. 
Penalty, for failure to construct, one hundred dollars for 
each month's delay; any person to bring suit and to retain 
one-half the recovery, the remainder to be paid to the com- 
missioner of highways of the town where such recovery 
shall be had, to be applied in repairing the roads and bridges 
in said town. To spear, catch or kill salmon or other fish, 
within ten rods of above fishways, is punishable by a pen- 
alty of twenty-five dollars for each offense, to be collected 
and disposed of as above. 



State of New York. 69 

Chap. 193, Laws 1886. 

AN ACT to provide for the construction of fishways in the 
State dams across the Oswego and Seneca rivers. 

Section 1. It shall be the duty of the superintendent of Fishways, 
public works of this State to cause to be constructed and s e s S° r a wL, 
maintained in proper manner, in all the State dams across 
the Oswego and Seneca rivers, and in such manner as not 
to injure said dams, fishways at least one foot in depth at 
the edge of the said dams, and of proper width to allow all 
fish endeavoring to migrate to the waters of said rivers 
above the dams to pass over the same. The said fishways 
shall be placed at an angle of not more than thirty degrees, 
and extend entirely to the running water below the dams, 
and shall be protected on each side by a gunwale of at least 
one foot in height to confine the waters therein. Said fish- 
ways shall be constructed under the supervision of the 
superintendent of public works, upon plans to be approved 
by the commission of fisheries for the State of New York, 
and be located at such places in said dams, and built in 
such manner as shall best serve the purpose therefor, and 
of such material as said superintendent of public works 
shall direct. 

§ 2. The sum of three thousand dollars, or so much 
thereof as shall be necessary, is hereby appropriated out of 
any moneys in the treasury not otherwise appropriated, to 
build said fishways. 



Chap. 202, Laws 1886. 

AN ACT to provide for the construction of fish-ways in the 
dams across ' ' Little Salmon river," in the town of Mexico, 
Oswego county, New York. 

Section 1. It shall be the duty of the Superintendent of 
Public Works of this State to cause to be constructed anc [^§3™ 
maintained in proper manner, in all the dams across ' ' LittL nv er e 
Salmon river, " and in such manner as not to injure said 
dams, fish- ways of suitable depth, and so constructed as to 
allow all fish endeavoring to migrate to the waters of said 
river above the dams, to pass over the same. Said fishways 
shall be placed at an angle of not more than thirty degrees 
and extend entirely to the running water below the dams, 
and shall be built upon plans to be approved by the com 
mission of fisheries of this State. 



The Game Laws of the 

§ 2. The sum of three thousand dollars, or so much 
thereof as shall be necessary, is hereby appropriated out 
of any moneys in the treasury not otherwise appropriated 
to build said fishways. 



Chap. 544, Laws 1886. 

AN ACT to provide for the construction of a fish way in 
the State dam across the Schoharie river at Fort Hunter, 
Montgomery county, and the Mohawk river at the aque- 
duct, Schenectady county. 

Section 1. It shall be the duty of the superintendent of 
public works of this State to cause to be constructed and 
maintained in the State dam across the Mohawk river, near 
the aqueduct in Schenectady county, and in the State dam 
across the Schoharie river near the village of Fort Hunter 
in Montgomery county, in such manner as not to impair 
said dams, a suitable fish way in each dam, to allow all the 
fish endeavoring to migrate to the waters of said rivers 
above such dams to pass over such dams. The said fishways 
shall be constructed under the supervision of the superin- 
tendent of public works, and shall be located at such places 
in said dams and built in such manner and of such materials 
as he shall direct. 

§ 2. The sum of two thousand dollars, or so much thereof 
as may be necessary, is hereby appropriated, out of any 
moneys in the treasury not otherwise appropriated, to build 
said fishways. 



Chap. 55, Laws 1875. 

AN ACT to prohibit fishing near any fishway established 

by the State. 

Section 1. The commissioners of fisheries of this State 
are hereby required and directed to erect and maintain at a 
distance of eighty rods from any fishway established or 
constructed by the State in any stream or water-course 
within its boundaries, signboards, on which shall be plainly 
printed or inscribed the words following, to wit : "Eighty 
rods to the fishway. All persons are by law prohibited from 
fishing in this stream between this point and the fishway ;" 
said signboards to be erected on both sides of the stream, 
above and below the fishway. 



State of New York. 71 

§ 2. No person shall catch, or attempt to catch, fish with 
any device whatever, within a distance of eighty rods from 
any fish way established or constrncted by the State, in any 
stream or water-course within its boundaries. 

§ 3. Any person violating the provisions of the second Penalty, 
section of this act shall be deemed guilty of a misdemeanor, 
and shall be liable, upon conviction thereof, to a fine not to 
exceed twenty- five dollars for every offense, or be subject 
to not more than ten days' imprisonment in the county jail; 
said fine to be recovered before any justice of the peace of 
the county wherein the offense may be committed, who 
shall issue his warrant for the arrest of the offender upon 
the complaint of any person duly verified. 

§ 4. Any fine collected by virtue of the provisions of this 
act, shall be paid to the overseer of the poor of the town 
in which the offense was committed, to be applied by 
said overseer to the credit of the poor fund of said town. 

Note. — The above act is substantially the same as sections twenty-nine 
and thirty of the Game Law of 1879, which possibly repeals it. Still, as there 
is a slight variation between the two, and a reservation from repeal of all laws 
relating to the establishment of fishways in the act of 1879, ^ is printed for 
what it is worth. 



Chap. 512, Laws 1887. 

AN ACT to provide for the construction of a fish way in 
the State dam at Troy. 

Section 1. The superintendent of public works of this Fishways, 
State is hereby authorized to cause to be constructed, main- Hudson rive '* 
tained and operated, in the State dam across the Hudson 
river at Troy, in such a manner as not to injure the said 
dam, a fish way of proper width and depth to allow all fish 
endeavoring to migrate to the waters of the said river above 
the dam to pass over the same ; such fishway to be placed 
at an angle of not more than thirty degrees, and extend 
entirely to the running water below the dam. The said 
fishway shall be constructed under the supervision of the 
fish commissioners of this State, and be located at such a 
place in said dam, and built in such manner and of such 
materials as said commissioners may direct. It shall be the 
duty of the superintendent of public works to close the 
said fishway whenever the water in said river shall have 
reached such a level as to in any wise interfere with the 



72 The Game Laws of the 

use of the surplus waters oil either side of said river by the 
lessees thereof, or to impede canal' navigation. 
§ 2. [Appropriation.] 

§ 3. [Keserves rights of lessees of surplus waters.] 
§ 4. [Eepeals chapter 555, Laws 1870, and chapter 850, 
Laws 1872.] 



SOCIETIES AND CLUBS FOR FISHING, HUNTING 
AND FISH CULTURE. 

incorporation. Fishing or hunting societies may be incorporated under 
the provisions of chapter 368 of the Laws of 1865, entitled 
"An act for the incorporation of societies or clubs for 
certain social and recreative purposes," or by virtue of 
chapter 267 of the Laws of 1875, entitled "An act for the 
incorporation of societies or clubs for certain lawful pur- 
poses." 

These acts provide that societies or clubs for social * * * 
hunting, fishing * * * or lawful sporting purposes may 
be incorporated. Their powers and liabilities are set forth in 
the act, also the manner of incorporation. Under chapter 
368, Laws 1865, it was held by the Supreme Court, in the 
case of The Ancient City Sportsman's Club v. Miller (7 Lans., 
412), that a society or club could not be incorporated to 
enforce ' 'all existing laws and ordinances for the preserva- 
tion of game and fish," as not being within the intent of 
the Legislature, the State reserving to itself the power of 
enforcing its laws. 



Chap. 288, Laws of 1874, as amended. 

AN ACT to incorporate societies for the improvement of 
poultry, small birds and domestic animals, and fish 
culture. 

incorporation Section 1. Any number of persons, not less than thir- 

objects. teen, may associate and form an incorporation or company 

for the purpose of importing, raising and improving and 

breeding poultry, small birds, domestic and pet animals 

and fish culture, and collecting and disseminating useful 



State of New York. 73 

knowledge concerning them, by holding fairs, disbursing 
awards and premiums, and by publishing debates and trans- 
actions and by such other lawful means as the members of 
the company may deem expedient, upon filing in the office 
of the secretary of state, and also in the office of the clerk 
of the county in which the business of said company is to 
be conducted, a declaration signed by all the incorporators, 
and acknowledged before any officer authorized to take the 
acknowledgment of deeds in this State, expressing their 
intention to form such company, together with a copy of 
the charter proposed to be adopted by them, and shall there- 
after be a body corporate and politic by the name designa- 
ted in said charter. (As amended by chap. 266, of Laws of 
1877.) 

§ 2. Such society shall have power to elect a president, officers, etc. 
one or more vice-presidents, secretaries and a treasurer, and 
may make a constitution and by-laws for their govern- 
ment, and may hold real estate or other property to the 
value of twenty thousand dollars. 

§ 3. Societies organized under this act shall possess the Powers, etc. 
powers and be subject to the restrictions and liabilities of 
title three of chapter eighteen of part one of the Eevised 
Statutes, 

§ 4. The stockholders of any corporation hereafter Liabilities of 
formed under this act or any act amendatory hereof or sup- stockholders - 
plementary hereto, or extending the operation and effect 
hereof, shall, in addition to the liabilities provided, for in 
said acts be individually responsible equally and ratably, in 
an amount equal to the extent of their respective shares of 
stock in such corporation. The term stockholder as used 
in this section shall apply not only to such persons as 
appear by the books of the corporation or association to be 
such, but also to every equitable owner of stock, although 
the same may appear on such books in the name of another 
person ; and also to every person who shall have advanced 
the installments or purchase money of any stock in the 
name of any person under twenty-one years of age, and 
while such person remains a minor, to the extent of such 
advance ; and also to every guardian or other trustee who 
shall voluntarily invest any trust funds in such stock ; 
and no trust funds in the hands of such guardian or trustee 
shall be in any way liable under the provisions of this act 
and the acts aforesaid by reason of any such investment, 
nor shall the person for whose benefit any such investment 
may be made, be responsible in respect to such stock until 
thirty days after the time when such persons, respectively, 
become competent and able to control and dispose of the 



74 The Game Laws of the State of New York. 

same ; but the guardian or other trustee making such in- 
vestment as aforesaid, shall continue responsible as a stock- 
holder until such responsibility devolves upon the person 
beneficially interested therein ; and, in respect to stock held 
by a guardian or other trustee under a transfer of the same 
by a third person, or under positive directions by a third 
person for such investment, the person making such trans- 
fer, or giving such directions, and his executors and admin- 
istrators shall, for the purpose of this act and the acts 
aforesaid, be deemed a stockholder ; and the estate of such 
person, if he be deceased, shall be responsible for the debts 
and liabilities chargeable on such stock, according to the 
provisions of this act. 



INDEX 



ACTIONS FOR PENALTIES: page. 

under general act ,. 35 

duty of district attorney 35 

discontinuance 40 

by fishery commission 50 

ADIRONDACK^ : 

fish hatchery in 65-67 

grant of lands for 66 

part of forest preserve 51 

stocking with fish 27, 67 

transportation of deer in 20 

" " fish in 27 

fishing season in 26 

ALBANY COUNTY: 

song birds in 43 

ALDERMEN (board of, in New York city) : 

have power of supervisors 36 

payment of rewards 36 

employment of detectives 36 

ASSOCIATIONS FOR FISH AND GAME PROTECTION : 

Anglers' Association, St. Lawrence River 6 

Eastern New York Fish and Game association 3 

Lake George association 7 

Southern Jefferson county Fish and Game association 8 

ANGLING WITH HOOK AND LINE 29, 30 

BASS : 

Black Bass in Columbia County, Lake Mahopac 28 

in Schoon lake and river, Paradox lake 28 

in Friends' lake, Skaneateles lake 28 

in Lake Erie and Niagara river 28 

in Lake George, Brant lake 28 

in Oneida lake 28 

in St. Lawrence river 28 

in Clyde, Seneca and Oswego rivers 28 

in Lake Ontario 28 

in Black lake (St. Lawrence Co.) 28 

in Lake Conesus 28 

in Lake Champlain 62 

in other waters 28-3 1 

nets, etc., for 31 

size and weight of 28 

sale in Erie county 28 

sale and possession regulated 28, 29 

caught out of State may be sold in New York city 41 

not to be caught by shutting off waters 29 

Oswego Bass in Oneida Lake 28 

Niagara river 28 

Lake Erie 28 

Lake Champlain 62 



76 Index. 

other waters „ 2$-3* 

nets, etc., for 31 

sale in Erie county 28, 29 

sale and possession regulated 28, 29 

Striped Bass, fresh water 28-31 

size and weight regulated. 28 

sale and possession regulated 29 

Striped Bass, salt water 29 

size and weight regulated 29 

BAY CONSTABLE: 

duties as to game laws 37 

BAY SNIPE: 

in Queens and Suffolk 55 

BIRDS : 

(See Song Birds, Game Birds and Individual Species.) 

song birds 23, 43, 44 

game birds, defined 44 

wild birds 44 

BIRD LIME: 

use prohibited 44 

BIRDS' NESTS: 

molestation and destruction 24, 44 

BIRDS' EGGS: 

molestation and destruction 44 

BLACK BIRDS: 

on Long and Staten islands 45 

not protected by general act 45. 

BLACK BASS: 

(See Bass.) 

BLACK LAKE (St. Lawrence Co.) : 

bass and muscalonge in 28 

spearing fish in 30 

BLUE BIRD: 

protected 44 

BLUE JAY : 

protected 44 

BOBOLINK: 

protected. 44 

BOUNTIES : 

for wolves and panthers 34 

BOW HOUSES: 

for hunting wild fowl regulated 21 

BRANT LAKE: 

black bass in 28- 

BRANT : 

open season for 21 

open season for on Long island 21 

open season for Chautauqua county 56 

hunting at night • 21 

hunting with light or lantern , 21 

hunting with swivel or punt guns 21 

nets and other devices 21 

floating batteries and decoys 21 



Index 77 

in Great South, Peconic and Shinnecock bays 21 

in Lake Ontario and St. Lawrence river 22 

in Hudson river 22 

sailing for with steam or sails 22 

sailing Long Island sound, Gardiner's and Peconic bays 22 

sailing Lake Ontario 22 

sailing Hudson river below Iona island 22 

BROOK HAVEN PATENT: 

fishing with pound and trap nets 32 

BULL HEADS: 

in Lake George protected 29 

spearing in Black, Yellow and Mud lakes 30 

Cayuga lake and Keuka outlet 65 

general law 30 

CALIFORNIA TROUT: 

(See also Trout?) 

open season 26, 40 

in forest preserve 26 

in Steuben county 61 

CANADA PARTRIDGE: (Spruce Grouse) 

netting or snaring prohibited 23 

CANALS : 

fishing in regulated 30 

CANANDAIGUA LAKE: 

fishing through the ice permitted 40 

CAPE VINCENT: 

fishing at regulated 63 

CAT BIRDS: 

protected. 44 

CAT FISH: 

may be netted 30 

spearing in Yellow, Mud and Black lakes. 30 

CATSKILLS : 

part of forest preserve 51 

deer parks, etc., in 52 

CATTARAUGUS COUNTY: 

taking game out of regulated 56 

CATTARAUGUS CREEK: 

nets prohibited in 64 

CAYUGA COUNTY: 

bass in Skaneateles lake. 28 

CAYUGA LAKE: 

fishways in outlet 68 

fishing with nets and fykes. 65 

CHAMBERLAIN OF NEW YORK CITY: 

to receive fines. (See County Treasurer.) 36 

CHAMPLAIN, LAKE: 

fishing in 30, 61 

nets, etc., in part of 61 

bass, muscalonge, pike and pickerel 62 

CHAUTAUQUA COUNTY: 

goose, duck, brant, teal, coot, dipper and greebe in 56 

taking game out of 56 



78 Index. 

CHAUTAUQUA LAKE: 

fishing regulated in 60 

CHUB: 

in New York city 41 

may be netted 25 

CLINTON COUNTY: 

forest preserve includes part of 51 

CLUBS : 

incorporation of 72 

CLYDE RIVER: 

bass and muscalonge in 28 

COHOCTON RIVER: 

shooting and spearing fish prohibited 61 

COLD SPRING HARBOR: 

fish hatchery at 67 

COLUMBIA COUNTY: 

bass in waters of 28 

COMMISSIONERS OF FISHERIES: 

names of 9 

establishment of commission 49 

duties as to fishways 34, 70 

duties as to hatcheries 49, 65 

duties as to game and fish protectors 48 

duties in general.. 49 

additional commissioner to reside in Kings, Queens or Suffolk 50 

duties as to nets 51 

duties as to actions for penalties 50 

duties as to fish propagation 49, 65 

duties as to fish propagation in Adirondacks 65 

expenses of 50 

CONESUS LAKE: 

bass and muscalonge in 28 

CONEY ISLAND CREEK: 

nets in 32 

eels and flounders 32 

CONSTABLES: (See also Game Constables.') 

powers and duties of 37 

compensation 39 

have powers of game constables 40 

COOT: 

in Chautauqua county 56 

COSTS 35>39,40 

CORTLAND : 

town of,, smelts and frost fish 32 

COUNTY TREASURERS: 

payment of bounties for wolves, etc 35 

duties as to fines and penalties 36, 47 

to pay expenses for destruction of nets 47 

COURTS : 

jurisdiction of 35, 36, 39 

justices of the peace 35 - 39 

district court, New York city 35, 39 

city court, New York city, (marine court) 35, 39 



Index. 79 

special sessions 36 

warrants in Kings county 38 

warrants for non-residents 39 

search warrants 39 

CREEKS : 

Cattaraugus 64 

Coney Island 32 

Esopus 59 

French 31 

CROSS LAKE: 

fishing in 29 

CROTON RIVER: 

smelts and frost fish in 32 

CROWS : 

not protected 45 

CRUSTING OF WILD DEER 20 

DEER, WILD: 

hunting season 19 

possession of 19, 37 

transportation of 19, 20 

sale of 19, 37 

hunting with dogs 19 

hunting with dogs in St. Lawrence and Delaware counties 19 

yarding and crusting prohibited 20 

in Queens and Suffolk counties 19 

traps and spring guns 19 

fawns protected 19 

DELAWARE COUNTY: 

deer not to be hunted with dogs in 19 

season for woodcock 22 

forest preserve 51 

parks for game 52 

DESIGNATION : 

of private parks, etc 24, 32, 33 

DETECTIVES : 

employment of special 36 

DIPPER : 

in Chautauqua county 56 

DISTRICT ATTORNEY: 

to prosecute actions for penalties 35 

costs 40 

discontinuance of actions 40 

DOGS: 

hunting deer with 19 

hunting deer with in Delaware and St. Lawrence, prohibited 19 

pursuing wild deer may be killed 19 

chasing moose with prohibited 20 

in private parks 34 

DUCK, WILD: 

season 21 

season on Long Island 21 

season in Chautauqua county 56 

hunting at night 21 

hunting with light or lantern 21 



80 . Index. 

hunting with swivel or punt gun 21 

hunting with nets and other devices 21 

hunting with floating batteries, decoys and other devices 21 

in Great South, Peconic and Shinnecock bays 21 

in Lake Ontario and St. Lawrence river 22 

in Hudson river below Albany 22 

sailing for with steam or sails 22 

Long Island Sound, Gardiners and Peconic bays 22 

Lake Ontario 22 

Hudson river below Iona Island 22 

EAGLES : 

protected 23 

EAST BAY : 

nets, etc., in 30 

EASTERN NEW YORK FISH & GAME PROTECTIVE ASSOCIATION : 3 

EELS: 

may be netted 30 

spearing in Black, Mud and Yellow lakes 30 

fishing for in Coney Island creek and Gravesend bay , ... 32 

fishing for in Cayuga lake 65 

fishing for in Keuka outlet 65 

weirs in Oneida river 62 

EGGS: 

of song and wild birds, protected 44 

collection for scientific purposes 44 

of English sparrows 45 

ERIE COUNTY : 

sale and possession of bass, muscalonge and pike perch in . 28, 29 

ERIE, LAKE : 

black bass, muscalonge, and pike perch in nets regulated 28 

nets regulated in 32 

ESSEX COUNTY : 

part of in forest preserve 51 

FAWN: 

protected 19 

possession or sale of skin or carcass 19 

FERRETS : 

hunting rabbits with 22 

FINES : 

to whom paid 36, 47 

county treasurer to receive 36, 47 

division of. 36, 39, 47 

FISH AND FISHING : 

general regulations 29 

general regulations as to nets 31 

power of supervisors to regulate 37—52 

by shutting and drawing off waters 29 

possession of when unlawfully caught 30 

through the ice 25 

(for regulations as to specific fish, see such fish; and in particular localities, 
see such localities). 

FISH COMMISSIONERS : 

names of 9 

establishment of commission 49 



Index. 81 

FISH COMMISSIONERS— Continued. 

additional commissioner in Kings, Queens or Suffolk 50 

duties as to fish ways 34, 70 

duties as to hatcheries and fish propagation 49, 65 

duties as to game and fish protectors 48 

duties in general . . , 49 

duties as to nets 5 1 

duties as to actions for penalties 50 

duties as to fish propagation in Adirondacks 65 

FISH CULTURE : 

societies for 72 

FISH HATCHERIES : 

powers and duties of commissioners 49, 60, 65 

in Adirondack forest 65-67 

Cold Spring Harbor ... ., 67 

Mill creek 67 

private hatcheries 26, 27, 28 

FISH PRESERVES : 

private ponds, etc 24, 32 

notice 24, 33 

signboards 33 

defined 25 

FISH AND GAME PROTECTORS : 

names of 10 

appointment and number of . . . . •• 46 

duties 46-48 

actions by 46 

term of office and vacancies 46 

compensation and expenses 48 

as to nets, etc 47 

arrests by N 48 

reports to comptroller 48 

reports to commissioners 48 

supervision of 48 

assignment to districts 48 

removal of • 49 

FISH WAYS : 

in State dam at Troy .' 71 

in State dams in Oswego, Oneida and Seneca rivers 68 

in State dams in Oswego and Seneca. . . ". 69 

in State dams in Little Salmon river 69 

in State dams in Schoharie and Mohawk rivers 70 

in dams in outlets of Cayuga Lake 68 

sign-boards at 34, 70 

fishing near prohibited 34, 70 

for Salmon entering Cayuga Lake 68 

FLOUNDERS : 

fishing for in Coney Island creek and Gravesend bay 32 

FOREST PRESERVE : 

defined 51 

open season for fishing in 26 

transportation of fish from 27 

stocking waters of 27, 65 

fish hatchery in 65, 66, 67 

deer and game park in Catskills 52 

6 



82 Index, 

fowl, wild : 

hunting with decoys, floating batteries, bow houses, etc 21 

on Great South, Peconic and Shinnecock bays 21 

on Hudson river, Lake Ontario, and St. Lawrence river 22 

sailing for with sails or steam 22 

on Long Island Sound, Gardiner's and Penonic bays 22 

on Lake Ontario and Hudson river 22 

FOX ISLAND: 

fishing at 63, 64 

FRANKLIN COUNTY: 

part in forest preserve 51 

FRENCH CREEK, (Chautauqua County) : 

refuse from manufactories 31 

FRIENDS LAKE : 

black bass in 28 

FROST FISH : 

in Hudson and Croton rivers 32 

FYKES : 

in general 31 

size of meshes 31 

in Cayuga lake and Keuka outlet 65 

in Walkill river 32 

GAME: 

general law 19 

protection by supervisors 37, 52 

GAME BIRDS : 

defined. (See several species) 44 

GAME CONSTABLES : 

duties and powers 38 

election of 38 

in Kings county 38 

compensation 39 

have powers of game protectors 40 

share of penalties 39 

GAME PRESERVES : 

notice and sign -boards ^3 

GAME PROTECTORS : 

(See Fish and Game Protectors^) 

names of State protectors 9 

duties .46, 47, 48 

arrests by 48 

reports 48 

supervision of 48 

actions by 46 

GARDINERS BAY, (Long Island) : 

sailing for wild fowl permitted 22 

GENERAL SYNOPSIS 12 

GEORGE, LAKE : 

(See also, Lake George.) 
fishing in 28, 29 

GILL NETS : 

(See Nets.) 
regulations as to meshes 31 



Index. 83 
goose, wild : 

season for 21 

season for on Long Island 21 

season for in Chautauqua county 56 

hunting at night 21 

hunting with light or lantern 21 

hunting with swivel, or punt gun, etc 21 

hunting with nets and other devices 21 

hunting with floating batteries, decoys, bowhouses, etc 21 

hunting in Great South, Peconic and Shinnecock bays 21 

hunting on Lake Ontario, St. Lawrence and Hudson rivers 22 

sailing for with steam or sails 22 

sailing for on Long Island Sound, Gardiner's and Peconic bays 22 

sailing for on Lake Ontario and Hudson river 22 

GRASS BIRD : 

protected as a song and wild bird 44 

GRAVESEND BAY : 

meshes in nets 32 

eel and flounder fishing in 32 

GREAT SODUS BAY 30 

GREAT SOUTH BAY : 

hunting for wild fowl on 21 

trap nets regulated 32 

GREEBE : 

protected in Chautauqua county 56 

GREENE COUNTY : 

forest preserve in 51 

deer and game parks in 52 

GRENADIER ISLAND : 

fishing at 63, 64 

GROUSE : 

(See Partridge and Prarie Chicken?) 

GUNS : 

definition of lawful 21 

swivel and punt , 21 

HAMILTON COUNTY : 

forest preserve in c 1 

fish hatchery in 67 

HARE: 

season 22 

hunting with ferrets 22 

sale or possession of 22, 37 

HATCHERIES, PUBLIC : 

powers and duties of commissioners 49, 65 

in Adirondacks 65, 66, 67 

Cold Spring Harbor 66 

at Mill Creek 67 

HATCHERIES, PRIVATE 26, 27, 28- 

HEN HAWKS : 

not protected 4c 

HENDERSON BAY 63 

HERKIMER COUNTY : 

forest preserve in 5 x 



84 Index. 

hoop nets : 

regulations as to *. 32 

HOUNDING OF WILD DEER : 

in Delaware and St. Lawrence counties 19 

in general 19 

HUDSON RIVER : 

fishway at Troy 71 

hunting wild fowl with decoys, etc » 21 

sailing for wild fowl on 22 

nets between railway and banks T 58 

pound and purse nets 59 

nets and seines regulated 32 

size of meshes 32 

nets and seines between Croton and Sing Sing 32 

frost fish and smelts 32 

salmon 41 

shad - • •• 5o>59 

shad nets regulated 59 

HUMMINGBIRDS: 

protected 44 

HUNTING : 

prohibited on Sunday 35, 53 

power of supervisors over 37, 52 

on enclosed or cultivated lands 24 

(See also, under Localities and Species of Game.) 

IMPRISONMENT: 

period of under game laws 36 

under penal code 54 

ISLIP : 

town of 32 

JEFFERSON COUNTY : 

fishing in Lake Ontario, adjacent to 63 

fish and game association of Southern Jefferson county 8 

JUDGMENTS : 

for penalties; how enforced 36 

JUSTICES OF THE PEACE : 

jurisdiction 35 

Lake Champlain, special act 62 

KEUKA LAKE : 

nets in regulated 25 , 65 

fishing through ice in 40 

minnows 25 

KILDEE: 

protected as song bird 44 

KINGS COUNTY : 

game constable in 38 

jurisdiction of courts 38 

warrants 3-8 

LAKE GEORGE ASSOCIATION : 

for the protection of fish and game 7 

LAKES : 

in Columbia county, bass in 28 

Black, (St. Lawrence county) 28, 30 

Brant ( Warren county) , bass in - 28 



Index. 85 

LAKES — continued. 

Canandaigua, fishing through ice 40 

Cayuga, fishways for salmon 68 

nets, etc., in 65 

Champlain, fishing in 30, 61 

bass, etc., in 62 

nets, etc., in 61 

Chautauqua, fishing in 60 

Conesus, bass and muscalonge in 28 

Cross, fishing in 29 

Erie, bass, etc., in 28, 32 

nets in 32 

Friends, bass in 28 

George, season for trout 28 

season for bass 28 

season for pickerel 29 

season for bull heads 29 

set lines in 29 

Keuka, nets in 25 

nets in outlet 65 

fishing through ice 40 

Mahopac, bass in 28 

Mud, spearing fish in 30 

Oneida, bass, muscalonge and pike perch 28 

fishing in 29 

Onondaga, fishing in 29 

Ontario, bass and muscalonge 28 

nets regulated 25, 29, 32, 63 

ducks, geese and brant 22 

local acts 63 

Otsego, fishing in 57 

Paradox, bass in 28 

Schroon, bass in 28 

Skaneateles, bass in 28 

Seneca, fishing in , 29 

Yellow, spearing fish in 30 

LAKE TROUT: 

(See Salmon Trout, and below.} 

LAND-LOCKED SALMON : 

season for 28 

season for in forest preserve 26, 28 

nets and seines 25 

set lines and poles 25 

size regulated 26 

stocking private waters 26 

spawning season and spawn .' 26 

transportation from forest preserve 27 

from western lakes 40, 41 

LAWS: 

repealed 39 

LEWIS COUNTY : 

forest preserve in 5 r 

LINNET : 

protected as song bird 44 

LITTLE CLEAR POND : 

reserved for State hatchery 66 

LITTLE SALMON RIVER : 

fishway in 69 



$6 Index. 

LONG ISLAND : (See also, Kings, Queens and Suffolk.) 

open season for Geese, Duck and Brant 21 

sailing for Geese, Duck and Brant 22 

regulations as to size of meshes, etc 31 

Menhaden 31 

Robins and Black birds on 45 

LONG ISLAND SOUND : 

Geese, Duck and Brant 21 

polution of waters of . 42 

MAGISTRATES : 

duties of. 37 

warrants for non-residents 39 

search warrants 39 

MARTIN : 

killing of ... . . 23, 44 

protected as song bird 44 

MEADOW HEN : 

in Queens and Suffolk county 55 

MEADOW LARK : 

protected as song bird 44 

MENHADEN .• 31 

MEXICO, (town of) : 

fishing in Lake Ontario 30 

.MINNOWS 25, 29 

MISDEMEANOR: 

under game laws 36 

under penal code 54 

fines for 36, 54 

MOOSE: 

killing, hunting, or possession forbidden 20 

MOHAWK RIVER : 

fish ways in 70 

MUD LAKE (St. Lawrence county) : 

spearing fish in 30 

MUSCALONGE: 

in Oneida lake 28 

Lake Erie and Niagara river 28 

St. Lawrence, Clyde, Seneca, and Oswego rivers 28 

Lake Ontario and Conesus 28 

Black Lake 28 

Lake Champlain 62 

other waters 28 

sale and possession, Erie county 29 

sale and possession elsewhere 29 

NESTS, BIRDS' : 

robbing or destruction of 24, 44 

NETS: 

in waters inhabited by trout 25 , 31 

in waters inhabited by bass, muscalonge, etc 31 

in general 29, 31 

in Lake Ontario. • 25, 29, 32; 63 

Oswego river 25 

Niagara river •• 25, 29 

Keuka outlet 65 

Cayuga lake 65 



Index. 87 

NEW YORK CITY : 

fish in 41, 54 

game in 54 

birds in 43, 54 

courts having jurisdiction 35 

sale of fish caught out of State 41 

NIAGARA COUNTY: 

Quail and Partridge in 56 

NIAGARA RIVER : 

fishing through the ice 25 

nets regulated 25 , 29 

bass, muscalonge and pike perch in 28 

NIGHT HAWK : 

protected 23 

NON-RESIDENTS : 

hunting by in Richmond county 54 

arrest of 39 

NOTICE : 

as to private parks 33 

ONEIDA COUNTY : 

season for woodcock 22 

ONEIDA LAKE : 

bass, muscalonge and pike perch 28 

ONEIDA RIVER : 

fishways in 68 

eelweirs in . ... 62 

ONONDAGA COUNTY : 

fishing in Skaneateles Lake 28 

ONONDAGA LAKE 29 

ONTARIO LAKE : 

hunting with decoys, etc 21 

sailing for wild fowl 22 

nets in 25, 29, 32, 63 

nets at Oswego river . 25 

fishing through ice 25 

stocking from 26 

local acts 63 

ORIOLE : 

protected as song bird 44 

OSWEGO BASS : 

in Oneida lake 28 

in Lake Erie and Niagara river 28 

in other waters 28 

sale and possession of. 28, 29, 31 

OSWEGO COUNTY : 

fishing in Lake Ontario 25 

OSWEGO RIVER : 

nets prohibited 25 

bass and muscalonge in 28 

fishways in 69 

OTSEGO COUNTY 57 



88 Index. 

otsego lake : 

fishing in 57 

OWLS: 

not protected 45 

PANTHERS : 

bounty for 34 

PARTRIDGE : 

season for 2 

in Queens and Suffolk 5 

in Niagara county 56 

sale or possession of 23, 37 

netting and snaring 23 

shipping and taking out of Chautauqua and Cattaraugus... . . . 56 

PARADOX LAKE : 

black bass in 28 

PECONICBAY: 

hunting wild fowl in 21 , 22 

sailing for wild fowl in v 22 

PENAL CODE : 

nets, etc., in Hudson river 53 

hunting and fishing on Sunday 53 

hunting, etc., in cemetery or public park. 53 

misdemeanor defined 54 

PENALTIES : 

how recovered 35 

where action to be brought 35 

costs 35, 40 

duty of district-attorney 3$ 

division of 40 

collection, how enforced 36 

commissioners of fisheries to sue for. 50 

neglect of officers or magistrate. 37 

neglect of game constable 37 

PERCH : 

(See Pike Perch.) 
PEWEE: 

protected as song bird 44 

PHCEBE BIRD: 

protected as song bird 44 

PICKEREL : 

in Lake George 29 

in Lake Champlain 62 

spearing in Black, Mud and Yellow lakes 30 

PIKE: 

in Lake Champlain • 62 

PIKE PERCH : 

in Oneida lake ; 28 

Lake Erie and Niagara river 28 

sale and possession in Erie county 29 

sale and possession in New York city 41 

PINNATED GROUSE : 

(See Prairie Chicken.) 

PLOVER : 

in Queens and Suffolk 55 

in Chautauqua and Cattaraugus counties 56 



Index. 89 

POLICE : 

duties of as to game law 37 

POLLUTION OF WATERS 31 

PORT BAY. 30 

POUND NETS : 

Great South Bay 32 

Lake Erie 32 

Hudson river = 59 

PRAIRIE-CHICKEN : 

season for 23 

nets and snares 23 

sale or possession of 23, 37 

PRIVATE PARKS, PONDS, PRESERVES, STREAMS AND WATERS, 24, 32 

notices and sign-boards ^ 

hunting and fishing in 24, 33 

game and fish private property 33 

trespassing in — ,. 24, ^^ 

definition of private waters. 33 

PROTECTORS, FISH AND GAME : 

names 10 

number and appointment '. 46 

duties , 46 

actions by 46 

term of office, and vacancies 46 

compensation and expenses 48 

arrests by 48 

reports 48 

supervision of 48 

districts 48 

removal 49 

QUAIL : 

season for 22 

hunting in Niagara county 56 

netting and snaring prohibited 23 

on Robin's Island. 57 

sale and possession of, 22 , 37 

QUEENS COUNTY : 

partridges in 55 

Bay Snipe, Sandpiper, Shore Bird and Plover 55 

Rail Bird and Meadow Hen 55 

wild deer in 19 

RABBIT : 

season for 22 

hunting with ferrets 22 

sale and possession 23, 37 

RAILBIRD : 

in Queens and Suffolk counties ; 55 

RENSSELAER COUNTY : 

song birds in « 43 

REPEAL OF LAWS 39 

REWARDS : 

for detection and arrest of offenders 36 



90 Index, 

richmond county : 

regulation as to seines 31 

Robins and Blackbirds in 45 

hunting by non-residents 54 

ROBINS : 

open season for 23, 45 

protected as song birds 44 

on Long and Staten Island ; 45 

ROBIN'S ISLAND : 

Quail on 57 

RUFFED GROUSE: 

(See Partridge?) 

ST. LAWRENCE COUNTY : 

Black lake 28, 30 

Black, Mud and Yellow lakes 30 

hunting deer with dogs 19 

in forest preserve 51 

ST. LAWRENCE RIVER : 

hunting wild fowl with decoys, etc 22 

bass and muscalonge in 28 

fishing at head of 63 

ST. LAWRENCE RIVER, ANGLER'S ASSOCIATION OF 6 

SALMON : 

season for j 41 

protection of. 41 

fish ways for, (Cayuga lake) 68 

caught in nets in Hudson river 41 

SALMON, LAND-LOCKED : 

(See Salmon Trout?) 

SALMON TROUT: 

season for 28 

season for in forest preserve 26 

season for in Lake George 28 

nets, set-lines, poles, etc 25 

size of 26 

artificial propagation 49 

transportation out of forest preserve 27 

from western lakes 40, 41 

SAND-PIPER : 

in Queens and Suffolk counties 55 

SARATOGA COUNTY: 

forest preserve in 51 

SAUGERTIES : 

use of nets in town of 59 

SCHROON LAKE : 

bass in 28 

SCHROON RIVER : 

bass in 28 

SCHOHARIE RIVER: 

fish way in 70 

SCIENTIFIC INVESTIGATION : 

birds may be killed for 24, 44 

SEARCH WARRANTS : 

magistrates to issue 39 



Index. 91 

SEINES, (See also, nets) : 

prohibited 31 

size of meshes 31 

Croton river 32 

Hudson river 30, 31, 32, 50, 58, 59, 60 

SENECA LAKE : 

fishing through the ice 40 

nets in 29 

SENECA RIVER : 

bass and muscalonge in 28 

fishways in 69 

SET LINES AND POLES : 

in Lake George 29 

SHAD : 

artificial propagation of 49 

season for 50 

regulations as to nets 58, 59 

SHINNECOCKBAY: 

hunting wild fowl in 21 

SHERIFF : 

powers and duties of 37 

powers as game protector 40 

attachment of nets by 51 

SHORE BIRDS : 

in Queens and Suffolk counties 55 

SIGN-BOARDS : 

at fishways 34, 70 

defacing 34 

on private parks and waters 33 

SKANEATELES LAKE : 

bass in 28 

SMELTS : 

in Hudson and Croton rivers 32 

SMITHS PATENT 32 

SMOKE ISLAND, (Lake Ontario.) 30 

SNARES : 

for fishing 31 

for hunting 23 

SNIPE : 

in Chautauqua and Cattaraugus counties 57 

SNIPE, BAY : 

in Queens and Suffolk counties 55 

SNOW BIRD : 

protected as song bird 44 

SOCIETIES : 

for hunting, fishing, etc 72 

formation of 72 

SONG BIRDS : 

protection in game law 23 

in New York city 43 , 54 

in Albany, Kings, New York, Richmond and Rensselaer 43 



92 Index. 

SONG BIRDS-Continued. 

general act of 1886 44 

enumeration 44 

nests and eggs of 44 

collection for scientific purposes , 44, 45 

SPARROW, ENGLISH : 

not protected 45 

harboring of 45 

SPAWN OF FISH : 

not to be taken 26 

fish not to be disturbed in season of 26 

SPRING GUNS : 

use of 19 

SPRUCE GROUSE, (Canada Partridge) : 

netting of 23 

STAKE POLES : 

prohibited 31 

STARLING : 

open season 23 

protected as song bird 44 

SQUIRRELS, BLACK AND GRAY : 

season for 22 

sale or possession of 22 , 37 

STATE HATCHERIES 49, 65 

STATE LANDS OR WATERS : 

not to be leased 24 

STATEN ISLAND : 

Robins and Black birds on 45 

hunting on by non-resident 54 

local act as to song birds 43 

STEUBEN COUNTY : 

season for trout 61 

spearing fish 61 

STRIPED BASS: 

fresh water, size of. 28 

sale of 1 29 

salt water, size of 29 

SUCKERS : 

netting allowed 30 

spearing in Black, Mud and Yellow lakes 30 

in Cayuga lake and Keuka outlet 65 

Lake Ontario 63, 64 

SUFFOLK COUNTY : 

wild deer in 19 

Partridge, Sandpiper, Bay Snipe, Shore Bird and Plover in 55 

Rail Birds and Meadow Hens 55 

SULLIVAN COUNTY : 

forest preserve in 51 

SUNDAY : 

shooting, hunting, etc., prohibited 35> 53 

fishing prohibited, (Penal Code) 53 



Index. 93 

supervisors : 

power to regulate hunting and fishing 37, 52 

disposition of penalties 36 

publication and filing of regulations 37 

limits as to powers in Chautauqua county 61 

as to election of game constables 38 

as to appointment in Kings county 38 

aldermen in New York city have powers of. 36 

employment of detectives 36 

rewards 36 

SWALLOWS : 

protected as song birds 44 

SYNOPSIS, GENERAL 12 

TAX: 

may be raised to enforce law 37 

TEAL • 

in Chautauqua county 56 

THRUSH : 

protected as song bird 44 

TRAPS : 

for wild deer 19 

contraband 25, 30, 47, 5 1 

TRAP NETS : 

regulated 32 

Great South Bay and Lake Erie 32 

TRESSPASSING : 

in private parks 24, ^ 

notice 24, 33 

signboards 24, 33 

TROUT : 

speckled, brook and brown 25, 26 

season for 26 

season for in forest preserve. 26 

in Steuben county 61 

how to be caught 25 

transportation of from forest preserve 27 

size of. 26 

stocking private waters 26 

disturbing in spawning season 26 

shutting or drawing off waters 29 

CALIFORNIA TROUT : 

season for 26, 40 

season for in Steuben county 61 

sale and possession of 26, 27 

SALMON TROUT 25, 26, 27, 28, 40, 41 

LAKE TROUT 28, 41 

TROY: 

fishway in State dam 71 

ULSTER COUNTY : 

forest preserve in : 51 

nets and fykes in Wallkill river 31, 32 

VENISON : 

sale and possession of 20, 37 

transportation of 20 



94 Index. 

WALLKILL RIVER : 

nets and fykes in 30, 31, 32 

regulations as to fishing in 32 

WALL-EYED PIKE, (Pike Perch) : 

in Oneida lake 28 

in Lake Erie and Niagara river 28 

sale in Erie county 28, 29 

in New York city 41 

WATERS : 

not to be drawn or shut off for fish 29 

pollution of 31, 42 

private 25 

WAYNE COUNTY : 

nets in certain bays 30 

WEIRS 30 

WESTCHESTER COUNTY : 

nets in Hudson river 59 

frost fish and smelts " 32 

WILD DEER 19, 20, 37 

(See Deer.} 
WILD DUCK 21 , 22 

(See Duck.) 
WILD FOWL 21, 22 

(See Fowl.) 
WILD GOOSE. 2i, 22 

(See Goose.) 
WHITE FISH : 

artificial propagation of 49 

WHITEHALL : 

fishing in Lake Champlain at 61 

WOLVES : 

bounties for 34 

WOODCOCK : 

season for 22 

season for in Oneida and Delaware counties. 22 

shipping out of Chautauqua and Cattaraugus counties 56 

sale or possession of 22, 37 

WOODPECKER : 

protection of by game law 23 

protection as song bird 44 

WREN : 

protected as song bird 23, 43, 44 

YARDING : 

of wild deer 20 

YATES COUNTY : 

nets in Cayuga Lake 25 

YELLOW BIRD : 

protected as song bird in 23, 44 

YELLOW-HAMMER : 

protected as song bird 44 

YELLOW LAKE, (St. Lawrence county) : 

spearing fish in 30 



BLACK BASS WATERS OF THE STATE OF N. Y. 



By A. N. Cheney, Glens Falls, N. Y. 



In the distribution of black bass nature made no mistake 
in selecting for their habitat only large bodies of water that 
afford vast shoals, bars and shores for breeding and feed- 
ing grounds and range for exercise, for they are pre-emi- 
nently a fish that require plenty of room that they may 
thrive and increase, despite the wiles of their beguilers. 
Being a voracious fish, biting eagerly, often greedily, at 
many lures, in small waters to which they have been trans- 
planted, unrestricted fishing in lawful season only, soon 
causes the larger ones to disappear, and although ceaseless 
fishing will not utterly remove them, they become too few 
in number and small in size, to reward a patient fisherman 
for the laborious pleasure of such angling. 

A small pond, lake or stream that is stocked with black 
bass may for a few years afford such excellent fishing as to 
cause every bit of neighboring water to be stocked, provi- 
ded it can be reached with a few pairs of adult bass. Too 
frequently there is no regard paid to the eternal fitness of 
things ; waters that contain trout (fontinalis), and waters 
that are suitable only for trout have been stocked indis- 
criminately with waters that contain pike, chubs and sun- 
fish, this, too, in the face of protests from interested citizens ; 
but it is an easy matter to slip a few pairs of black bass 
into a small pond whether or no the owner or owners con- 
sent, and in this manner unfit waters have been stocked. 

In years past there has been a sort of black bass craze 
owing to the success of the fish in certain suitable waters ; 
therefore other waters that are totally lacking in fish food 
and other requisites have been planted with black bass 
with a blind confidence that the parent fish once deposited 
the fisherman had only to wait with patience for his reward, 
in their multiplying. 

A black bass requires a large amount of food to sustain 
the condensed energy that characterizes the fish, and it is 
of the utmost importance that the food be provided before 
introducing black bass into new waters. For that matter 
there is no species of fish that will survive a famine. A 
pond near the home of the writer was famous for its fish 
food in the form of small fish called minnows, also for an 
abundance of perch ; black bass were introduced and they 
grew to an enormous size, larger perhaps than in any other 



96 Black Bass Waters 

water in the State, but in a few years there was a dearth 
of minnows and perch, in spite of ample facilities for 
breeding in security, and the large bass took their flight 
with the minnows and to-day the pond contains only a few 
small bass although the minnows are increasing. 

There are other things that should be taken into consid- 
eration in stocking new waters with black bass, but it is 
the safer way and in the end will prove more satisfactory 
not to attempt to stock small waters. I fished a stocked 
pond within a year and sounded it most thoroughly and I 
did not find a yard square of bottom suitable for a spawn- 
ing bed ; the shores were ooze and the bottom mud and 
grass. 

I cannot find that the black bass is indigenous to any of 
the waters of the interior of the State of New York except 
possibly the group of lakes in the western-central part be 
an exception. Nearly all if not all the waters in the State 
that now contain black bass are indebted for their presence 
either directly or indirectly to the Great Lakes. The dig- 
ging of the Erie Canal in 1825 brought the black bass from 
Lake Erie to the Hudson River and through the same 
medium the Mohawk was stocked and consequently the 
Oriskany. 

Black bass appeared in the Black river subsequent to the 
building of the Black River Canal which taps the Erie at 
Rome. Lake Ontario furnished the Oswego river with 
black bass and the river in turn furnished one species of 
the black bass, i.e., the large mouth, with a common name 
which clings to it yet in some localities and also in the 
statutes. Why the big mouth black bass should be called 
the Oswego bass any more than the Clayton bass, Buffalo 
bass or Sackett's Harbor bass is one of those things that no 
fellow can find out. Lake Champlain which yields mighty 
black bass in goodly numbers, particularly in the lower 
(northern) part of the lake, undoubtedly got its original 
supply from the St. Lawrence River which is head quarters 
of the fish, now that the Anglers' Association has cleared 
the upper river of nets and engines of destruction. I do 
not quite see how myself, but I presume that Lake G-eorge 
in the long ago got its supply of black bass from Lake 
Champlain through the connecting stream. Black bass 
will distribute themselves up stream much more rapidly 
than down stream from the point of their introduction, but 
they cannot or do not surmount obstructions that are mere 
play for the salmon family. Rivers that contain black 
bass afford better fly fishing (casting), than do lakes or 
ponds. Lake Champlain contains both the small and 



of the State of New York. 97 

large mouth black bass, the former only is sought by the 
angler, and excellent fly fishing is furnished early in the 
season; later still fishing is resorted to exclusively and by 
still fishing I mean from an anchored boat with rod and 
reel, using minnows, frogs, grasshoppers, crickets and 
crayfish for bait. 

Lake George has only the small mouth and the early 
fishing is done by trolling (not casting) flies about the 
shores and over the shoals, and later, still fishing takes the 
place of trolling. Schroon Lake and Paradox Lake in Essex 
county have the small mouth, which are fished for almost 
entirely with bait. Schroon Lake was stocked from Eff ner 
Lake in Saratoga county, which also stocked the upper 
Hudson, and Eff ner was stocked from Saratoga Lake in 
the same county. Brant Lake, a small and beautiful sheet 
of water in Warren county, two miles from Schroon Lake 
is a stocked lake and for a few years it afforded as fine black 
bass fishing as one might wish for, but the bass are grow- 
ing beautifully less year after year. Schroon and Brant 
Lakes are on the borders of the Adirondack wilderness but 
the black bass did not get a foot-hold in the wilderness 
itself, which is the natural home of the brook and lake 
trout, until Jan. 15th, 1872, when at the suggestion of the 
late Governor Horatio Seymour, at the time one of the 
State Fish Commissioners, sixty adult black bass were 
deposited in Eaquette Lake. That planting has spread 
itself into Big and Little Forked Lakes, Shed Lake, Brown's 
Tract ponds, Utowana, Eagle and Blue Mt. Lakes : the lat- 
ter having at one time the reputation of containing the 
largest lake trout of any lake in the State. A friend in 
writing me of fishing in Eaquette Lake last year said that 
he and a companion caught _sixty blackbass in four hours, 
that weighed from 1|- to 2f lbs. each ; that he had seen 
them of 4 lbs. weight and heard of their being taken up to 
5lbs. These are the small mouth, and the same friend was 
unable to raise a bass to a fly in the Eaquette, although 
Geo. W. Sears ("Nessmuk") wrote me that he had no 
difficulty in taking with a fly all that he required to eat. 
I fished Eaquette and adjoining lakes years before the 
advent of the black bass in that region and much as I prize 
the fish I cannot but regret that it was taken into the north 
woods. I have prepared a list of waters in the State that 
contain black bass, or rather in which they have been 
planted, but the bare list would fill more space than the 
limits of this paper permits. From the "wide waters" of 
the Erie Canal near Eochester, the New York Fish Com- 
mission has distributed from 1873 to 1885, both vears inclu- 
7" 



98 Black Bass Waters 

sive, 8043 small mouth and 4821 large mouth black bass. 
These were adult fish and were planted in more than one 
hundred different waters of the State. Previous to 1873 
there were more black bass distributed by the Commission, 
but the details are not given. I mention some of the waters 
in question to show how widely the black bass has been 
distributed : 

Big Tupper lake in Hamilton county ; Fourth Bisby lake 
in Herkimer county ; Otter pond in Franklin county ; 
West Canada creek, Herkimer county ; Spencer lake, Tioga 
county ; Silver lake, Wyoming county ; Hemlock lake, 
Livingston county ; Chittenango lake ; Round lake, Sara- 
toga county ; Rockland lake, Rockland county ; Silver lake, 
Staten Island ; Monagan lake, Orange county ; Mud lake, 
Oswego county ; Kinderhook lake, Eensselaer county ; 
Jackson pond, Washington county ; Prospect park, Kings 
county, and Central park, New York ; Sand Lake, Rensse- 
laer county, and Glass House lake and Crooked lake in the 
same county ; Seneca lake, Seneca county ; Esopus 
lake, Ulster county ; Green lake at West Point ; Jock's 
lake, Oneida county ; Little York lakes, Cortland county ; 
Cattaraugus lake, Wyoming county ; Geneyganset lake, 
Chenango county ; Flanagan's pond, Allegany county ; 
Stissing pond, Dutchess county ; Brown's pond, Long 
Island ; Whiting's pond, Columbia* county, and Copake 
lake in same county ; Schuyler's lake, Otsego county ; 
Willow pond, Monroe county ; Cazenovia lake, Madison 
county ; Lake Salubria, Steuben county ; Cazenovia creek, 
Cattaraugus county ; Schoharie creek, Wappinger's creek, 
Schenevus creek, Esopus creek ; Honeoye creek, Monroe 
county ; Oriskany creek, Cayuga creek, Erie county ; 
Tonawanda creek, Wyoming county ; the Genesee, Canes- 
teo, Susquehanna, Delaware, Chenango, Allegany, Che- 
mung, Cohocton, Otsego, Oswegatchie, Walkill, Little 
Salmon and Unadilla rivers. 

Black bass are now said to be plentiful in Hemlock, Ot- 
sego, Keuka, Canandaigua, Seneca, Cayuga, Chautauqua, 
Owasco and Skaneateles lakes, and in the Chemung, Sus- 
quehanna and Canisteo rivers. One of the most prolific 
black bass waters in the State is Oneida lake, a sheet of 
water of nearly 200 square miles in area, having all the 
requisite conditions for the successful propagation and well 
being of this game fish. One of the State Fish Commis- 
sioners writes me of this lake : ' ' Oneida lake is shallow, with 
principally rock and other hard bottom, and having 
numerous inlet streams which furnish nurseries for young 
fry and bring down a constant and abundant supply of food 



of the State of New York. 99 

for the fish growing in the lake. Notwithstanding it is 
constantly watched by a State game protector, it is one of the 
most persistently poached waters within the State. Over 
an hundred large nets, seines, gill nets, fykes and drop nets 
are taken and destroyed every year, yet the netting is so 
profitable all this amount of destruction is replaced at the 
commencement of each spring season. Yet, with all this 
depletion, the stock does not seem to materially diminish, 
so rapid is the production and the growth in consequence 
of the abundant natural food, consisting of minnows of all 
kinds, crayfish and the more minute organizations of crus- , 
tacaen and insect kind." 

The St. Lawrence river near the Thousand Islands is the 
paradise of the black bass fisherman. If one were to write 
a treatise upon "Fishing made Easy," it would first be 
necessary to spend a season upon the St. Lawrence. A 
carpeted skiff, an armed chair, bells on the rods to give notice 
when you have a bite and to wake the angler up if neces- 
sary — in other words, when a fish calls upon you it rings 
the bell ; a boatman that is a good cook and who can pro- 
duce more from the various lockers of the boat than can a 
magician from a hat ; all these tend to make fishing a most 
luxurious pleasure. I think that a St. Lawrence river skiff 
and the man that propels or sails it have their counterparts 
in no other waters. At first sight the skiff has a skittish 
look, but in no other style of fishing craft have I felt more 
absolute security from the dangers of the deep. One expe- 
rience on Lake Ontario in such a skiff propelled with oars, 
and another experience on the Bay of Quinte with the skiff 
under sail, convinced the writer that the skiff would live in 
most any kind of a sea if a St. Lawrence boatman handled 
the oars or sheet. 

In close proximity to the St. Lawrence river is Henderson 
Bay or harbor, but the black bass fishing is outside the bay 
in Lake Ontario, and, as a friend expressed it, in a letter 
regarding the fishing : ' ' The winds are uncertain on the 
reef just outside the bay, but Stony and Gallup islands 
directly west of the hotels furnish a lee for almost any 
wind, and there is good black bass fishing there." 

From Henderson Bay both the large and small mouth 
bass are caught, and although trolling is usually resorted 
to, I have known of some good catches with the fly. In fly 
casting for bass, whether in lakes or rivers, the fly should 
be allowed to sink below the surface of the water and then 
drawn towards the caster with a succession of short jerks. 
I have, over and over, seen bass follow a slow moving fly 
as it was drawn through the water, with seemingly no 



100 Black Bass Waters 

design upon it except to follow it ; but the moment the fly 
was stopped and again started the bass would instantly 
seize it. In trolling with flies they would naturally sink to 
a sufficient depth for bass to see and take them. 

A friend in writing me of the excellent black bass fishing 
in Butterfield lake, Jefferson county, mentions other lakes 
in that vicinity as follows : Millsite, from which he and a 
companion caught 106 bass in one day ; Clear, Crystal and 
Sixbury ; Eed and Muscalonge, which with Butterfield, are 
of considerable size, and he adds that he may be mistaken 
but it is his firm conviction that the bass from these lakes 
are superior in flavor to those from other waters. In these 
last mentioned lakes the large mouth bass seem to predomi- 
nate. Saratoga and Ballston lakes also contain both species 
of bass, and the lakes are located in Saratoga county, near 
the villages which give them their names. Any one who 
has eaten broiled bass at Moon's or George Krum's on Sara- 
toga lake will recall the fact that the ' ' flavor am delicious" 
whether "de breed am small" or large. There is a vast 
difference in the flavor of bass from different waters. The 
big mouth is apt to taste of the muck and weeds, but I refer 
to the small mouth particularly. I have caught hundreds 
of small mouth bass in Back Bay (this is on the Vermont 
shore) of Lake Champlain, and I never saw a poor one ; in 
fact they all seemed abnormally fat, but every one was a 
fighter, and the St. Lawrence river bass are like unto them. 
It would be invidious to mention waters that contain bass 
less favored, but the best bass, shad, trout, whitefish or salt 
mackerel for the table is one that is fat . Paper and saw 
mills have driven the black bass out of some streams, but 
" here 's a state of things" in the Mohawk river that may 
be remedied. Capt. L. A. Beardslee, U. S. navy, writes me 
from Little Falls : ' ' The Mohawk has been always a natural 
black bass stream, and at some places, such as Schenectady, 
Tribes Hill, and once in this vicinity, a very good one, bass 
being taken up to 4 lbs. Of late years, owing to various 
causes — 'sucker nets,' sewerage, increased population — the 
fishing has fallen off in this vicinity. The water is foul ; 
many points and bays are ornamented and dotted with 
paunches and entrails from a pork packing establishment!!" 

Greenwood lake, partly in New York and partly in New 
Jersey, is the Mecca to which the black bass fishers of 
New York city turn their faces for a few days' sport at a time 
during the season. To Greenwood lake and Decoration Day 
we owe the shortening of the close season for bass by two 
days. It was stocked with both species of bass about ten 
years ago, and now furnishes hundreds, and I do not know 



of the State of New York. 101 

but thousands, of bass each year. White lake in Sullivan 
county was originally a trout lake ; was stocked with bass, 
afforded fair fishing for a time, and it " is now what may 
accurately be termed precarious." I have referred to one 
lake as containing larger small mouth black bass than 
perhaps any other water in the State. This is Glen lake or 
Long pond in Warren county. I caught a small mouth 
from this lake which weighed, at the lake, on steelyards, 
8J lbs. ; but when brought to town and submitted to the 
scrutiny of one hundred pairs of eyes, on grocer's scales 
registered 7 lbs. 14 ozs. Afterwards a policeman caught a 
bass in the lake which was purchased by Mr. W. D. Cleve- 
land of Houston, Texas, and presented to me, and which 
I sent to New York, and in Fulton market, in the pres- 
ence of representatives of the Forest and Stream and The 
American Angler, the fish weighed 8J lbs. Lake Bonkon- 
koma on Long Island has produced small mouth bass of 8 
lbs. or near that weight. Bonkon koma and Glen lakes 
are both stocked waters, the former clear spring water and 
the latter thick as bouillon. Glen lake was stocked with 
bass from Lake George, and the latter never produced a 
bass to exceed 6J lbs. in weight. In addition to Silver 
lake already mentioned, Staten Island has Brady's pond 
and Arbutus lake which have been planted with the small 
mouth bass. Bye lake also has the small mouth, but these 
small waters as a usual thing will not repay a fisherman 
for a long journey to them, if he seeks fish alone. 

In addition to casting with a fly, trolling with flies, spoon 
or other artificial bait ; still fishing as above described with 
bait '; trolling with minnows on a "gang" or flight of hooks, 
which is rather a murderous procedure ; minnow casting 
with reel and light rod is a mode of fishing which originated 
in the West and is practiced to some extent in this State. 
Whatever the bait used in bass fishing, it must either have 
life or the appearance of it. In still fishing the minnow, 
frog, crayfish, grasshopper, cricket, or what-not, must be 
alive or kept in motion as much as a fly or spoon in casting 
or trolling. Greedy as black bass are, they are at the same 
time fastidious, and the best caterer to their variable taste 
gets the most fish. 



WEATHER PROGNOSTICATIONS. 



By J. O. Barnes, Observer Signal Service, Albany, N. Y. 



The word cyclone has become an accepted term by which 
to designate a storm of considerable area, either over the 
land or sea, and is not to be confounded with the term 
tornado. 

Formerly cyclones were understood to be the storms that 
form over the sea, where the cyclonic or gyratory motion 
is not disturbed by an irregular surface, as it is in moving 
over the land. 

When from any cause portions of the earth's surface 
become abnormally heated, and these areas of abnormal 
temperature are somewhat circular in form, increasing 
or decreasing from the central to the exterior part, these 
temperature disturbances give rise to interchanging motions 
between the central and exterior part of the disturbed area, 
and these in turn, on account of the deflecting force of the 
earth's rotation, give rise to gyrations around the cen- 
tre; that is, the air in the centre being heated to a higher 
temperature than the surrounding air, ascends, and the 
colder and denser air moves in to fill up the partial vacuum. 

If the earth were stationary the movement would be di- 
rectly toward the centre, but by reason of the earth's rota- 
tion, is deflected toward the right and flows spirally inward, 
so that we have a motion from different directions on all 
sides of the storm. Disturbances of this character are 
called cyclones. 

The upward motion of the air in the centre of a cyclone 
carries with it the vapor which is condensed by the cold of 
elevation; and if the change is sudden, is precipitated as 
rain or snow. 

The condensation of vapor liberates the latent heat, i. e., 
the heat that was rendered inappreciable when the water 
was converted into vapor, thus greatly increasing' the force 
of the initial disturbance, and the storm continues until 
the temperature has attained its normal condition and the 
atmosphere is in a state of equilibrium. 

In addition to the motion of the atmosphere here des- 
cribed, cyclones have a relative motion toward the east, 
which is due to the earth's rotation and the easterly motion 
of the atmosphere in the middle latitudes. 

Their general course with reference to New York State is 
toward th3 east along the northern border for those that 



Weather Prognostications. 103 

first appear in the west, and north-east along the Atlantic 
coast for those that appear in the south. The force and 
extent of a cyclone may be determined by taking simulta- 
neous observations of a barometer over a large section of 
the country. 

Owing to the upward motion at the centre (which has 
been described), the pressure or weight of the atmosphere is 
partially removed from the barometer, and its readings de- 
crease. The centre is indicated by the lowest reading and 
the exterior by the point where the motion of the atmos- 
phere is in an opposite direction from the centre and the 
readings of the barometer are at or above the normal. 

Local showers, thunder storms and tornadoes, generally 
accompany cyclones. Usually in the south-east octant, and 
generally from three hundred to six hundred miles from 
the centre of the cyclone, the temperature of the air which 
ascends in the centre of a cyclone is decreased by the cold of 
elvation and flows off above in all directions. 

The currents that flow southerly move over lower cur- 
rents which flow northerly toward the centre of the cyclone. 
Local storms are most probable when the difference in tem- 
perature and conditions between these strata is greatest. 
This is found south-east of the centre of the cyclone. Local 
areas of high temperature may cause the atmosphere in the 
surface current to ascend into the upper. The vapor is con- 
densed and precipitated; often the change is sudden enough 
to cause thunder storms, occasionally with such force as to 
form tornadoes. 

Some knowledge of these general laws will enable any 
one, by consulting a signal service weather map or report, 
to know of the probable approach of storms, changes in 
temperature and direction of wind. 

On the map for March 12th, 1887, an area of low barome- 
ter was reported central near Huron, Dakota. The indica- 
tions for Minnesota and Michigan for that day were snow, 
which fell; and lower temperature, which occurred. On 
the 13th the centre was at Alpena, Michigan, and snow or 
rain fell at stations in Michigan, Ohio, Pennsylvania, New 
York, and at places east. On March 14th the centre was 
over the mouth of the gulf of St. Lawrence. The directions 
of the wind on these days at the several stations east of the 
centre was first south-easterly and southerly, then westerly, 
and after the cyclone had passed, north-west. The velocity 
of this storm was greater than the average. The average 
velocity, as determined by Loomis, is about twenty-three 
miles per hour. The other conditions may generally be 
observed. Cyclones are usually followed by lower tempera - 



104 Weather Prognostications. 

ture, the fall of the thermometer being in proportion to the 
rise of the barometer. Of course many of the conditions 
that may be observed in a cyclone, and which enter largely 
into the calculations of probable changes over any section, 
can only be known to the scientific student of meterology 
of long experience, yet much practical benefit may be de- 
rived from knowing that these storms move easterly, and 
that the general characteristics observed of them in the 
west may accompany them east. 

Predictions made from observations taken in a single 
locality are very unreliable, for the reason that the charac- 
ter of the weather at any place is affected by so many 
changes at distant points that are unknown to the local 
observer; however, to a limited extent it is possible to form 
some idea of what may be expected. 

A high easterly or southerly wind accompanied by falling 
barometer and increasing cloudiness, the clouds moving 
from the south or east, indicates the approach of a low area. 
During the summer an oppressive, turbid state of the atmos- 
phere, high temperature with falling barometer, irregular 
masses of dense, cumulus clouds, which during the after- 
noon subside into cumulus stratus, and moving in a different 
direction from that of the wind, may indicate thunder- 
storms. An abnormally high barometer, wind varying 
from north to north-east, falling barometer and hazy atmos- 
phere, the haze growing more dense until the sky is obscur- 
ed, is usually followed by rain in a few hours. A thin, 
dark scud under stratus clouds during a storm indicates a 
change of wind, and is often observed just before the storm 
ceases. A light scud driving across hazy clouds foretells 
wind and rain. 

A mackerel sky is an indication of rainy weather. Cirro 
stratus clouds formed at high altitudes are sometimes 
broken up into small bunches, causing a mottled appear- 
ance of the sky, this is termed a mackerel . sky, and, indi- 
cates that the upper atmosphere is saturated with moisture. 

Halos, coronse, etc., indicate a precipitation of vapor in 
the upper regions of the atmosphere and foretell rain or 
snow. When the outlines of cumulus clouds are sharp and 
well defined, it indicates a dry atmosphere and presages fine 
weather. 

A foggy morning is generally followed by a fair day. 



Rules for Foretelling Weather, Adapted for Use 
with Barometers. 

A Rising Barometer. 

A " rapid" rise indicates unsettled weather. 

A ' ' gradual " rise indicates settled weather. 

A "rise" with dry air, and cold increasing in summer, 
indicates wind from northward, and, if rain has fallen, bet- 
ter weather is to be expected. 

A "rise" with moist air, and a low temperature, indi- 
cates wind and rain from northward. 

A " rise" with southerly wind indicates fine weather. 

A Steady Barometer. 

With dry air and seasonable temperature, indicates a 
continuance of very fine weather. 

A Falling Barometer. 

A "rapid " fall indicates stormy weather. 

A "rapid" fall, with westerly wind, indicates stormy 
weather from northward. 

A ' ' f aU " with a northerly wind indicates storm, with 
rain and hail in summer and snow in winter. 

A "fall " with increased moisture in the air, and the heat 
increasing, indicates wind and rain from southward. 

A "fall" with dry air and cold increasing, in winter, 
indicates snow. 

A "fall" after very calm and warm weather, indicates 
rain with squally weather. 



106 




©GliVY 

Manufacturers, Importers, and Wholesale and Retail Dealers in 

Fist Hoot5, Rine5, tfpd^ I(eel5, 

AND 

FISHING TACKLE OF EVERY DESCRIPTION. 

OUR CELEBRATED HEXAGONAL SPLIT BAMBOO RODS 

for Fly, Bait and Bass Fishing, at popular prices. 

300 Broadway, 



New York, 



Between Reade and Duane Streets. 



IV. C. HODGKINS, 



IMPORTER AND DEALER IN 



Guns, Rifles, Pistols 



AND SPORTING GOODS. 




COLT'S 
DOUBLE GUN 

The Very Best in the World 
for the Price. 



300 BROADWAY, NEW YORK, 




107 

The "RELIABLE" 

FLANNEL SHIRTS 

AND 

Outing Garments, 

MADE ONLY BY 

BROKAW MFG. GO-. 

Newburgh, N. Y. 




-_A_slc IE£eta,ilers for Tlieia 




Go Prepared for Accidents ! 

When Starting on a Fishing Trip, 
IDOIDGKE'S IF-ZEZRZRfCTIILieJ OIE^ZEZsTT, 

is just the thing to fasten ferrules on a new 
Rod, or repair a broken one. 

Of Dealers, or send 25 cents, and get a Box by Mail. 



A. B. DODGE, 



Manchester, N. H. 



KjmkJI'5 • S^Iin • SlTM$kf • Cut 

CIGARETTES. 




People of refined taste, who desire exceptionally 

fine Cigarettes, should use only our Straight 

Cut, put up in satin packets and boxes 

of 10 s, 20 s, 50 s and 100 s. 

14 First Prize Medals. WM. S. KIMBALL & CO. 



108 



THE ONLY ROUTE TO THE 

FAMOUS FISHING GROUNDS, 

River 51. t^wrence, TKous&nd I5I&12CI5, 

— B&ke Ontario, — 

Great North Woods, John Brown's Tract, Adiron- 
dack Region. 



«\ NEW FAST TRAINS |887 with Wa 8 ner Palace Cars - 

Sleeping Cars 



New York and Paul Smith's Station, for Paul 
Smith's. 



Parlor Cars 



New York and Clayton. 
Niagara Falls and Clayton. 
[ Niagara Falls, White Mountains and Portland. 

Niagara Falls and Clayton. 
Rochester and Clayton. 
Syracuse and Clayton. 
Albany and Clayton. 
Utica and Clayton. 

All trains make immediate connections at Clayton with steamers to and 
from all Thousand Island resorts at Paul Smith's station, with stages 
for Paul Smith's, only seven miles distant. Time, New York and Paul 
Smith's, only 15 hours; New York to Clayton, only 11 hours. Be sure 
your tickets read via. ROME, WATERTOWN & OGDENSBURG R. R. 
For time tables and all information, apply to nearest ticket agent, or cor- 
respond with general passenger agent, Oswego* N. Y. Send ten cents for 
our beautiful book, " Routes and Rates for Summer Tours." 

H. M. BRITTON. THEO. BljTTERFiELD, 

General Manager. Gen. Pass. Agent, Oswego, N. Y. 



109 



Hexagonal Split Bamboo Fishing Rods, Nickel 
Plated Mounted — Guaranteed, only 

TRADE MARK 




$8.00 




J S p L iT Bamboo Fish Rods, gf*f jo£f* R^Co 



^TraC^se split e >u? 

? WHOLES"" 

- Split B/w. - 

\ TH*sE Goops iV/r,*^ ^J^'I °* ^Y. Kfe CAM &* 
&PEC /A L , cur iio"*HFXAfni?££t T ***cirs , 
r/«. GAoveq case, or ba^bSc > Tin' w - 

THROUGH VOl/R fffARBST DBALt^/l^ 
«= /yogy pop, ,i no sPOAT^lr 



SEND FOR CATALOGUE 
SPECIAL PRICES TO JOBBERS^ 




76 8r78 WATEP5Z 



OFFICE &5ALESRGQH 
45 S. SAUNA 5T 
SYRACUSE. N.V, 



Refer to the American Angler, Forest and Stream, Hon. Seth Green, Monroe Green. 



PALDING & CO., 




* Agents for * 




The Automatic Reel, 

And Dealers in 

Fishing Tackle of All Kinds 

6 W. JEFFERSON ST., SYRACUSE, N. Y. 



110 



G. M. SKINNER'S 

CELEBRATED TROLLING SPOOR BAITS 




Are the Most Killing Lures in the World. 

Factory: Clayton, Jefferson Co., N. Y. ? Thousand Islands 



DAME, STODDARD & KENDALL, 

374 Washington Street, BOSTON, Mass. 

Sole Agents for the Trade. 

Maurice E. Viele, 

39, 41 and 43 State Street, ALBANY, N. Y., 

Carries an extensive stock of 



I 




G ♦ 1AGKIB, 



Reels, Rods, Hooks and Lines, 



of the most approved makes. Also a general assortment of 

SPORTING GOODS for CAMPING PARTIES 



Orders by mail promptly filled at reasonable prices. 



j 




WB&nlBiBoSBSXi 



